34 ... ... ... ... .. S I T UAT I O N I N G U JA R AT National Commission for Minorities to Gujarat. The letter of the Chief Secretary, itself, reiterated the view that "the State Government strongly feels that there is no case to hand over to CBI as the criminal prosecution is already under way." The letter added, "the State Government is of the opinion that transfer of cases may delay the process of justice." Referring to the visit of the National Commission for Minorities to Gujarat, the Chief Secretary stated that he had "personally attended their programmes along with all senior officers of the State Government," that "a group of leaders of the minority community called on the Hon. Chief Minister and had cordial discussions" and that the "atmosphere had substantially improved as all activities, viz. social, economic and educational, are back to normal." The letter concluded with the statement, "It will be our constant endeavour to maintain harmony, peace and goodwill in Gujarat." 3.16 As the Commission did not consider that the letter of the Chief Secretary had adequately covered the various issues raised with him in the discussion held on 9 May 2003, the list of six points enumerated in paragraph 3.12 above, together with the minutes of the discussion held with the Resident Commissioner on 3 June 2003, were sent to the Chief Secretary seeking a fuller response. 3.17 In the meantime, parallel to these exchanges with the Chief Secretary and Resident Commissioner, and in the light of disturbing reports relating to developments in Gujarat, the Commission recorded the following in its Proceedings of 21 May 2003: "The Commission is given to understand that some 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 Inquiry is recording evidence of witnesses as per its terms of reference. The right to 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 would like to know from the Director-General of Police, Gujarat: N AT I O N A L H U M A N R I G H T S C O M M I S S I O N