In its Proceedings dated 21 May 2003, the National Human Rights Commission observed that it was given to understand that some of the cases arising out of the Godhra and post-Godhra violence were now under trial in various courts. It also understood that the Justice Nanavati Commission of Inquiry was recording evidence of witness as per the terms of its reference. The Commission added that the right to a fair trial was a constitutional imperative. The fairness of a trial included, necessarily, 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. Fair trial also envisaged a fair deal to the victims of crime.

In the light of the earlier recommendations made by this Commission on 1 April and 31 May 2002, and being conscious of the critically important issues involved in this matter, the Commission on 21 May 2003, stated that it would like to know from the Director General of Police, Gujarat :



“Whether any measures have 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.”



The Commission sought this report within two weeks.