AHMEDABAD : The Gujarat High Court on Tuesday restrained the Centre from taking any action on the final report of the U. C. Banerjee Commission on the Godhra train fire till after the disposal of the petition challenging the validity of the constitution of the panel.

In his interim order, Justice M. R. Shah expressed strong resentment over the publication of the report through the media despite a stay and said Justice Banerjee tried to "nullify" the court proceedings. This "may result in the collapse of the entire judicial system."

Justice Shah fixed the next hearing on the petition by Neelkanth Bhatia, one of the passengers aboard the ill-fated S-6 coach of the Sabarmati Express, for April 3. That day the court would also decide on sending notice to the Commission secretary for the violation of its order.

The High Court on October 21 last stayed the Government from acting in any manner on the Banerjee Commission recommendations till March 7, 2006.

Justice Shah said propriety demanded that the Commission wait until after the stay was vacated but it had not only submitted its final report but also made it public at a media conference.

"It is a matter of regret that despite the hearing being in progress, the Commission came out with the final report."

On Monday the court restrained the Centre from acting on the report till March 8. On Tuesday, at the expiry of its earlier stay, the restrictions were extended till after the disposal of the petition.

The court order, however, did not make it clear whether the Government was restrained also from tabling the report in Parliament.

The advocate for the Railways, Nirupam Nanavati, said he would tender advice to the department only after going through the order.

Some legal experts said a mere tabling of the report would not constitute any "action" and the judiciary could not take away Parliament's privilege to have a copy of the report lying in the custody of the Speaker.

In any case, the Railways would challenge the single Bench's interim order before a Division Bench in a day or two. "If necessary we will go to the Supreme Court to get the stay on the Banerjee Commission report vacated,'' Mr. Nanavati said.

"Plea bad in law"

Contending that the petitioner's plea that the constitution of the Banerjee Commission was bad in the law as the G. T. Nanavati-K. G. Shah Commission, appointed by the Gujarat Government, was already seized of the matter, the advocate said the requirements of both commissions in "approach, perception and manner were entirely different." There was no overlapping jurisdiction.

It was also argued that Mr. Bhatia's petition was not "bona fide'' but was "set up." As a victim, it mattered least to the petitioner who was inquiring into the fire.

Pointing out that though the incident occurred at Godhra, Mr. Nanavati said it was an inter-State issue. Incidents which occurred during the journey across other States after the Sabarmati Express left Ayodhya could have ramifications in the fire at Godhra on February 27, 2002. In any inter-State matter, the Centre was empowered to set up a commission under the Commission of Inquiry Act.

In any case of accident, the Railways was required to set up an inquiry to find out the causes and take measures to ensure such it did not recur, he said.

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