DGP, Gujarat assures NHRC about protection to witnesses and victims Instructions issued to all SPs and Commissioners of Police
The Director General of Police, Gujarat has assured the National Human Rights Commission that protection would be given to witnesses and victims. Necessary instructions have been issued to all the Superintendents of Police and Commissioners of Police to ensure that due protection is given immediately whenever any witness or victim requests for the same or expresses apprehension to his or her safety.
Last month, the Commission asked the Director General of Police, Gujarat whether any measures had been taken to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses who have to depose either in court or before the Commission of Inquiry and, if so, the nature of that protection to enable them to depose freely and fearlessly.
In view of the assurance now given by the DGP, Gujarat, the Commission, in its order of 16th June, hoped that witnesses/victims will appear before the trial courts or the Commission of Inquiry and make true and faithful statements in respect of matters within their knowledge without any fear or favour. Should any effort be made to intimidate them or tamper with their evidence by any agency, the Commission observed that witnesses/victims should approach the Superintendent of Police of the concerned area with a complaint and seek protection.
In case of police inaction on their request, the Commission said that the witnesses/victims may bring the matter to the notice of the Special Rapporteur of NHRC, Shri P.G.J. Nampoothiri, who will take up the matter with DGP, Gujarat, and send intimation to the Commission.
The Commission expressed the hope that with the assurance of the DGP, fair trials would be conducted.
In his report dated 3 June 2003, the DGP, Gujarat stated that witnesses are free to approach the police officers seeking protection. He has further submitted that prompt action was taken to provide due protection to the witnesses/victims when so requested in the following two cases:
1. Ahmedabad City Naroda Police Station CR No. 238/02 and Naroda Police Station CR.No.100/02. In these cases witness Nadeem Mohamad Ali Saiyed, r/o Jubapura, Ahmedabad City, had filed SCA No.488/02 before the Hon. High Court of Gujarat for police protection. Accordingly, he has been provided with a Constable (in 2 shifts), with effect from 5.9.2002.
2. During the visit of Hon. Justice Nanavati Commission to Banaskantha district on 30.4.2003, some Muslim victims of village Navasesan, taluka Deodar, had requested for police protection. From that day onwards, 7 Border Wing Police Jawans along with 2 Mounted Policemen had been deployed in that village, which arrangement has continued till date.“
In its proceedings of 21 May, 2003, the Commission noticed that some cases arising out of Godhra and post-Godhra violence were under trial in various courts and that the Justice Nanavati Commission of Inquiry was also recording evidence of witnesses as per the terms of its reference. The Commission observed that the right to fair trial is a Constitutional imperative and fairness of a trial includes, proper protection of the rights of the accused as also the capacity of witnesses to come forth to make true and faithful statements in respect of matters within their knowledge, without any fear or favour and further that fair trial envisages a fair deal to the victims also.
Last month, the Commission asked the Director General of Police, Gujarat whether any measures had been taken to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses who have to depose either in court or before the Commission of Inquiry and, if so, the nature of that protection to enable them to depose freely and fearlessly.
In view of the assurance now given by the DGP, Gujarat, the Commission, in its order of 16th June, hoped that witnesses/victims will appear before the trial courts or the Commission of Inquiry and make true and faithful statements in respect of matters within their knowledge without any fear or favour. Should any effort be made to intimidate them or tamper with their evidence by any agency, the Commission observed that witnesses/victims should approach the Superintendent of Police of the concerned area with a complaint and seek protection.
In case of police inaction on their request, the Commission said that the witnesses/victims may bring the matter to the notice of the Special Rapporteur of NHRC, Shri P.G.J. Nampoothiri, who will take up the matter with DGP, Gujarat, and send intimation to the Commission.
The Commission expressed the hope that with the assurance of the DGP, fair trials would be conducted.
In his report dated 3 June 2003, the DGP, Gujarat stated that witnesses are free to approach the police officers seeking protection. He has further submitted that prompt action was taken to provide due protection to the witnesses/victims when so requested in the following two cases:
1. Ahmedabad City Naroda Police Station CR No. 238/02 and Naroda Police Station CR.No.100/02. In these cases witness Nadeem Mohamad Ali Saiyed, r/o Jubapura, Ahmedabad City, had filed SCA No.488/02 before the Hon. High Court of Gujarat for police protection. Accordingly, he has been provided with a Constable (in 2 shifts), with effect from 5.9.2002.
2. During the visit of Hon. Justice Nanavati Commission to Banaskantha district on 30.4.2003, some Muslim victims of village Navasesan, taluka Deodar, had requested for police protection. From that day onwards, 7 Border Wing Police Jawans along with 2 Mounted Policemen had been deployed in that village, which arrangement has continued till date.“
In its proceedings of 21 May, 2003, the Commission noticed that some cases arising out of Godhra and post-Godhra violence were under trial in various courts and that the Justice Nanavati Commission of Inquiry was also recording evidence of witnesses as per the terms of its reference. The Commission observed that the right to fair trial is a Constitutional imperative and fairness of a trial includes, proper protection of the rights of the accused as also the capacity of witnesses to come forth to make true and faithful statements in respect of matters within their knowledge, without any fear or favour and further that fair trial envisages a fair deal to the victims also.