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Probe afresh 14 Gujarat cases: court

J. Venkatesan

Task given to five-member SIT

Cases include Naroda Patiya, Pandarwada killings
Bench did not consider plea for CBI probe

New Delhi: The Supreme Court on Tuesday said a five-member special investigation team (SIT) would conduct a fresh probe or further investigations into 14 post-Godhra communal riots cases to enable a free and fair trial.

It had stayed the trial in these cases on petitions filed by the National Human Rights Commission and the Citizens for Justice and Peace (CJP), which sought a probe by the Central Bureau of Investigation and transfer of the cases outside Gujarat.

A Bench consisting of Justices Arijit Pasayat, P. Sathasivam and Aftab Alam said the SIT would comprise three senior IPS officers from Gujarat, Geeta Johri, Shivanand Jha and Ashish Bhatia; the retired CBI Director R.K. Raghavan and a retired police officer of Uttar Pradesh C. B. Satpathy.

The Bench said it would pass a formal order on Wednesday. It did not consider the Centre’s suggestion for entrusting the probe to the CBI and shifting the cases to Maharashtra.

In 2003, the NHRC filed a transfer petition apprehending that the trial if conducted in Gujarat would not be free and fair, as witnesses were being threatened. Subsequently, the CJP filed a similar petition. The cases included the Gulberg, Ode and Sardarpur massacres, and the Naroda Gaon, Naroda Patiya, Baranpura, Machipith, Tarsali, Pandarwada and Raghovpura killings.

Earlier in the day, amicus curiae Harish Salve suggested that the court order a CBI probe or set up a SIT comprising Gujarat police officers of unimpeachable integrity.

The Gujarat government’s senior counsel Mukul Rohatgi opposed the setting up of any outside agency to conduct the investigation.

Justice Pasayat said: “We want at least two officers who are from outside Gujarat.” Mr. Rohatgi suggested the names of Ms. Johri, Mr. Jha and Mr. Bhatia. The judge said the SIT could include Mr. Raghavan and Mr. Satpathy.

Justice Pasayat asked Mr. Salve to suggest a remedy if the investigating officer refused to record the statement of a witness.

Mr. Salve said he would come up with his suggestions on Wednesday, when the court takes up other related petitions .

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