NHRC decides to direct CBI enquiry into accusations on Gujarat incident; directs Gujarat government to give consent for the investigation

New Delhi November 5, 2007 The National Human Rights Commission has decided to direct an inquiry by the CBI into the whole episode in the light of accusations made in the programme "Operation Kalank" on the communal violence in Gujarat. The Commission has expressed confidence that the Gujarat government will readily give its consent for CBI investigation. It has directed that the Gujarat government should communicate its consent for CBI investigation of the authenticity of the tapes and the allegations made therein to the Central government and the Commission within two weeks.

The Commission's directive comes after it viewed the tape sent by the electronic channel, which was broadcast on October 25, 2007. As per the programme "Operation Kalank" many State functionaries of Gujarat were accused of abetting and facilitating atrocities on the minority in the wake of Godhara violence in 2002. The Commission said that the allegations had far-reaching implications and raised vital constitutional issues, which need to be promptly addressed in the interest of all. The authenticity of the tapes must be examined and the allegations made therein must be investigated. The investigation must be effective and independent. If the investigation does not substantiate the allegations, it will help to clear the air. If, however, the allegations are found true after investigation, appropriate corrective action will have to be taken.

Communal violence broke out in the State of Gujarat on February 27, 2002. The Commission took suo-motu cognizance of the tragic incidents and has been seized of the issue since then. The Special Rapporteur of the Commission visited the affected areas in the State and on the basis of his reports the Commission formulated several proposals to assess and ameliorate the situation. In its sittings on April 1, 2002, and May 31, 2002, the Commission made many recommendations to the State Government. The Commission had been continuously monitoring the progress of measures taken by the State for the relief and rehabilitation of the riot-affected persons.

In the year 2003, the Commission filed a Special Leave Petition in the Supreme Court of India under Article 136 of the Constitution of India to enforce "the right of fair trial" for all and a petition for transfer of 9 serious cases for trial outside the State of Gujarat was also filed. All this was done to instill a sense of security in the people and to encourage faith in the constitutional machinery.

In the sitting on April 1, 2002, the Commission had emphasized the need to restore the integrity of the process of investigation and the State Government was asked to entrust the investigation of certain critical cases to CBI. The need for CBI investigation is all the more pronounced today, the Commission felt.

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