NHRC seeks report from Gujarat Government on protection of victims and witnesses deposing in Courts or Commission of Enquiry
The National Human Rights Commission is given to understand that some of the cases arising out of the Godhra and post-Godhra violence are now under trial in various courts. It also understands that the Justice Nanavati Commission of Enquiry is recording evidence of witness as per the terms of its reference. The right to a fair trial is a constitutional
imperative. The fairness of a trial includes, 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 envisages 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, has directed the Director General of Police, Gujarat to report to it about:
“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 Enquiry and, if so, the nature of that protection to enable them to depose freely and fearlessly.”
The Commission has sought this report within two weeks.
imperative. The fairness of a trial includes, 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 envisages 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, has directed the Director General of Police, Gujarat to report to it about:
“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 Enquiry and, if so, the nature of that protection to enable them to depose freely and fearlessly.”
The Commission has sought this report within two weeks.