SC’s order on Fast Track to Justice in Gujarat A Relief (Mukul Sinha)

Mail Today
May 2, 2009


'There should be no politics with justice’

by Mukul Sinha

THE Supreme Court order comes as a relief for all of us who have been concerned about the delay in fair trial due to the litigation to transfer the cases out of Gujarat.

With each passing day, the veracity of existing evidence as well as availability of the witnesses was in jeopardy. The faster the trial commences in these cases, the better it is in the interest of justice.

To that extent, the SC’s decision to start the trial immediately is an important step.

I wholeheartedly agree with the SC that has decided to let the cases be tried in Gujarat. There was nothing to be gained out of transferring them out of the state. There should be no politics with justice. The request that these cases be transferred holds a presumption that in states ruled by the Congress, justice is better served. This is a direct assault on the image of the judiciary in Gujarat. And if you transfer a select number of cases, what happens to the 3,000- odd other cases that are being tried here? Just to draw attention to what everyone considers the Congress’s impeccable credentials, let me point out that in my presence, many Muslim leaders associated with the Congress gave testimonies in favour of the culpable police before the Nanavati Commission. Why do we expect the Congress to be better? Therefore, I believe that except the Godhra trial, all other cases should be tried in Gujarat. In the Godhra case, there is a specific reason to demand a transfer. It is just that all the accused are Muslims and the state has branded them terrorists. The Gujarat government’s charges against the accused were rejected by the POTA review committee. But it has challenged the decision.

So, fair trial is not possible in this case and it needs to be transferred out.

Apart from this, I think all other cases can be successfully tried in Gujarat with three additional precautions that the apex court seems to have already considered.

The first precondition should be in selection of judges to preside over the fast- track courts to dispose of the riot cases. To restore transparency, the best judges with impeccable records should be appointed.

The second should be extra care in appointment of the prosecutor. This has been a real problem in Gujarat because the BJP government has appointed its own cadre, even active members of the VHP as public prosecutors. Strict norms should be adhered to in such appointments and the victims’ consent should also be obtained.

The third aspect that needs to be considered is adequate witness protection. As politically powerful people will be affected if there is a fair trial, witnesses need to be insulated against not just physical threat but also against allurements. Frankly, I am more worried about allurements as they can destroy the credibility of witnesses.

A last word on Narendra Modi’s effort to politicise the SC’s order that has referred the matter regarding a probe into his role during the riots to the SIT. It amounts to criminal contempt of the court. He is tarnishing the image of the judiciary by implying that it is on orders by the Congress-led government that the SC gave the order. In his appeal to the people, he has said they should vote to stop him from going to jail. That amounts to interference in the administration of justice.

( As told to Poornima Joshi) ( Mukul Sinha is a Gujarat- based lawyer and founder of the Jan Sangharsh Manch that has been fighting for Gujarat riot victims for the past seven years)