The Hindu : Centre asked to respond on protection for witnesses in Godhra cases

Online edition of India's National Newspaper
Saturday, Feb 28, 2004

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Centre asked to respond on protection for witnesses in Godhra cases

By J. Venkatesan

NEW DELHI, FEB. 27. The Supreme Court today issued notice to the Central Government on an application suggesting that the latter be entrusted with the responsibility of providing protection to witnesses in the ``Godhra riots related cases'' and those related to federal offences and human rights violations.

A three-judge Bench, comprising the Chief Justice V.N. Khare, Justice S.B. Sinha and Justice S.H. Kapadia, asked the Centre to file its response by March 15 when senior counsel, Harish Salve, amicus curiae in the Gujarat riot cases, pleaded for the Centre's action.

In his application, Mr. Salve submitted that non-governmental organisations (NGOs) working in the field had been repeatedly stating that although people were now willing to come forward to give evidence, they were being threatened by local elements. It said in the case of Bilkis Yakoob, the CBI had found that the investigation was flawed. It had arrested the investigating officer and the role of the Gujarat police itself was being probed.

The application said that it would not be extraordinary to presume that a similar situation might arise in all the major trials where there were similar complaints against the police.

There was no established witness protection programme in place in India and the Supreme Court must consider the need for a federal police to investigate mass crimes where, by its very nature, investigation by the local police might not appear to be sufficient.

Mr. Salve suggested that the Union Government be entrusted with the responsibility of providing protection to all witnesses in all major trials in a manner that they considered appropriate. They could even seek the help of Central forces.

Earlier, the Additional Solicitor, Mukul Rohatgi, appearing for the Gujarat Government, assured the court that the State Government would challenge, in appropriate cases, the orders of the sessions court granting bail to the accused in eight major riot cases after their trials were stayed by the Supreme Court.

He also told the court that he would submit a list of such cases to Mr. Salve within two weeks. Mr. Rohatgi informed the court that the State Government had filed an appeal against the judgment of the Gujarat High Court upholding acquittal of all the 21 accused in the Best Bakery case, in which 14 people were burnt to death.

The Bench directed Mr. Rohatgi to supply to the amicus curiae the details about the FIRs, charge-sheets and court orders in the eight major post-Godhra riot cases within two weeks and said that the matter would come up for further hearing on April 2.

On granting protection to danseuse Mallika Sarabhai, she told the Chief Justice that a sessions court had passed orders granting protection but she could not get the copy of the order.

The Chief Justice asked her to go through the order and posted the case for further hearing on March 8.

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