Sat, Jul 5 02:44 AM
Some 45,000 affidavits and police records of over 2,000 cases of the 2002 riots await the truth in disorderly heaps at the office of the Justice G T Nanavati-Justice Akshay Mehta Inquiry Commission.
And it seems that it will take some more time before the truth comes to the fore. Even as the commission is getting down to write its report, it may not adequately look into the roles of some sections in the post-Godhra riots, like the Chief Minister and his cabinet colleagues, senior officials, and several organisations.
"This part of the commission's terms of reference remains largely untouched and unresolved. We had made an application for calling Gordhan Zadaphia, the then home minister and others, including Chief Minister Narendra Modi, for cross-examination before the commission. The orders were reserved on it on February 27, and nothing happened afterward. How can the truth come out if these questions are not answered?" said Mukul Sinha, advocate of the Jan Sangharsh Manch (JSM), a civil rights organisation representing a section of the riot victims.
"The members are overburdened. They have to sift through a mountain of papers. Besides, no one can be called for cross-examination unless there is a necessity to do so. An order will be made when the commission feels it is necessary," said a source close to the commission.
The JSM has been boycotting the commission since April this year, after Justice Akshay Mehta was appointed its member. They allege his appointment was not in the interest of justice, as the judge was named by Babu Bajrangi in the Tehelka tapes controversy.
The commission's terms of reference were expanded by a notification of the state government on July 20, 2004 to examine the "role and conduct of the then Chief Minister Narendra Modi or any other ministers in his council of ministers, police officers, other individuals and organisations" relating "to the facts, circumstances and course of events of the subsequent incidents in the aftermath of the Godhra incidents".
It is this vital point that was added to get to the high and mighty, that Harilal Gupta, vice-chairman of the Gujarat Pradesh Congress Committee (GPCC) and the party's counsel before the commission, says will not be dealt adequately.
"The commission is not calling for any hearing now, in spite of important matters pending before it. Why can't the persons and organisations mentioned in the expanded terms of reference be called by the commission and examined? After all, it is just a fact finding body and not conducting trial," he said.
The BJP, VHP, the Congress and the JSM were the five parties consistently appearing before the commission.
The commission, on its part, is in no hurry to call a hearing. "All the hearings are over. All the evidences have been admitted and submissions of parties heard. There is no question of any more hearings as of now. But if the commission wants to hear someone, it can issue summons anytime," said the source.
Another issue that remains unresolved is the fate of Arvind Pandya, former Gujarat government counsel before the commission. He was caught in the Tehelka sting operation allegedly making comments questioning the integrity of the judges. The government replaced him after the incident, when the commission took exception to his remarks.
Nothing more happened, though the Tehelka tapes and transcript are exhibits on record before the commission. "This delay in taking any action against him is very disturbing. This makes Pandya's allegations have graver implications," said Sinha.
He further said that the findings of the Supreme Court-constituted Special Investigation Team to probe the 10 most significant riot cases, including Godhra, might drastically alter the truth in the police records before the commission.
Justice G T Nanavati, chairman of the commission, however feels all is well. "The work is going on properly. Our aim is to complete it as soon as we can," he said.
But those like Gupta are skeptical: "The commission's tenure has been extended till December. The report will be out just before the Lok Sabha elections. But many questions concerning ministers and their roles will remain unanswered," he added.
