S I T UAT I O N I N G U JA R AT
again the ground that has already been covered in the preceding report. This
report will, instead, provide an account of the principal developments that have
occurred since then. A narrative of these developments is provided below.
3.5 On 1 July 2002, the Commission noted that there were imminent plans
to hold a series of Gaurav Yatras all over Gujarat from 4 July 2002 and that,
in addition, Jagannath Rath Yatras were scheduled to be held on 12 July 2002
in over seventy locations in the State. Media reports and a report from the
Commission's Special Rapporteur in Gujarat, Shri P.G.J. Nampoothiri, indicated
that there was widespread apprehension, both within sections of the
Administration and among members of the public, that this could re-ignite
communal violence in the State.
3.6 The Commission, accordingly, in Proceedings recorded on 1 July 2002,
asked the State Government to take due care - both at the political and at
the administrative level - to prevent situations arising that could have the
potential to endanger lives and property and lead to the violation of human
rights. In this connection, the Commission also drew particular attention to
its Proceedings of 31 May 2002, in which it underlined the unambiguous duty
of the police and the magistracy to fulfil their statutory responsibilities under
the laws of the land and in accordance with the circulars and guidelines
already issued by the Central Government on matters relating to the promotion
of communal harmony and the maintenance of law and order. The Commission
observed that these laws and directives clearly laid down the manner in which
the police and magistracy are expected to function. The Commission added that
"any failure to discharge their responsibilities in accordance with those
statutory provisions, circulars and guidelines would render the delinquent
public servants personally liable and accountable for their conduct." The
Commission concluded by observing that it remained "fundamentally important,
in such circumstances, that those responsible for the promotion of communal
harmony and the maintenance of law and order - whether in the political or
administrative leadership - should discharge their duties in the present and
future in accordance with the Constitution and the relevant statutory
provisions, or be answerable for such acts of omission or commission that result
in the violation of the law and the rights to life, liberty, equality and dignity
of their fellow human beings."
3.7 Following consideration of the situation at the highest levels of the
Central and State Governments, a decision was taken to postpone the Gaurav
Yatras.
ANNUAL REPORT 2002-2003
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