SARDAR PATEL BHAWAN
Name of the complainant :Suo motu
Case No. :1150/6/2001-2002
Date :16 June, 2003
PROCEEDINGS
Through 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 Enquiry 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. The Commission, therefore, asked the Director General of Police, Gujarat to respond to the following query:
“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 DGP, Gandhinagar, Gujarat has submitted his report dated 3 June, 2003 in which it has been stated that a total of 2037 cases have been charge-sheeted in various criminal courts all over the State. Responding to the query as to what measures have been taken to protect the safety, physical and psychological well being of the victims and witnesses, the DGP has indicated that in the absence of any specific complaint from any witness/victim, it would not be possible for the State Police to accord protection to each and every witness/victim. He has 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:
(i)
“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.
(ii) 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. “
The DGP has then assured this Commission:
“It is submitted that all the
Superintendents of Police and Commissioners of Police have been duly instructed
to ensure that due protection is given immediately whenever any witness/victim
requests for the same or expresses apprehension to his safety”.
In view of the above assurance by the DGP (Gujarat) we hope that witnesses/ victims will appear before the trial courts or the Commission of Enquiry, as the case may be, 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 witnesses/victims should approach the superintendent of police of the concerned area with a complaint and seek protection.
In view of the assurance by the DGP, as noticed above, appropriate steps will be taken by the Superintendent of Police/Commissioner of Police when so approached by the witnesses/victims. In case of police inaction on their request, the witnesses/victims may bring the matter to the notice of the Special Rapporteur of NHRC, Shri Nampoothiri, who will take up the matter with DGP (Gujarat) and send intimation to this Commission.
A copy of these proceedings be sent to the DGP (Gujarat) as also to the Special Rapporteur, NHRC, Shri P.G.J. Nampoothiri. The Special Rapporteur will apprise the witnesses/victims about the assurance of the DGP, Gujarat personally or through the concerned NGOs.
The Commission hopes that the assurance of the DGP, noted above, would help in having fair trials conducted.
A complaint has been sent by Shri Mufti Shabbir Ahmed Siddiqui dated 5.5.2003. Let a copy of the same be transmitted to the Chief Secretary and the DGP, Gujarat for their comments within four weeks.
(Justice A.S.Anand )
(Justice
Sujata V.Manohar)
Member