...... SITUATION IN GUJARAT 19 the efforts of the Commission have not led to initiation of substantial additional measures or even adequate speedy measures relating to relief, rehabilitation and resettlement of the unfortunate victims. 3.22 In its annual report for the year 2002-2003, the Commission had brought upto date various steps taken by it in the matter of relief and rehabilitation of the riot victims. Following the discussions held by the Commission with the Chief Secretary of Gujarat State on 9.5.2003, the Commission reminded the State Government of the requirement to respond to the six measures recommended by it, five of which related broadly to the area of relief, rehabilitation, restoration, and confidence-building measures. Unfortunately response of the State Government was far from satisfactory. Neither the letter dated 28.5.2003 nor the subsequent letter dated 25.6.2003 from the Chief Secretary to the Commission, which contained a note on ‘relief and rehabilitation measures’, adequately covered the issues that had been raised with the Chief Secretary on 9.5.2003. He was therefore once again requested to furnish a comprehensive report on the six issues. 3.23 In his further communication dated 17.9.2003, the Chief Secretary, Government of Gujarat, conveyed the following information to the Commission on issues relating to the relief and rehabilitation of the riot victims: The tenor of the information speaks for itself. (a) Setting up of a Grievance Redressal Authority : Regarding the proposal of the NHRC for setting up of a Grievance Redressal Authority it was stated by the Chief Secretary, Gujarat that in the SCA no. 3217 of 2003 filed by the Citizens for Peace and Justice & Others before the High Court of Gujarat that a similar demand has been made. The SCA is yet to be admitted by the Hon’ble High Court. However, the High Court has directed the Chief Secretary to hear the petitioners and one such hearing has already taken place on 23.7.2003. Thus, the matter is sub judice. (b) Rehabilitation of the victims and their survey: Apart from claiming that the state machinery had already carried out a detailed survey and paid compensation to the victims as per the policy guidelines of the state, the Chief Secretary stated that the State Government does not deem it necessary to conduct any fresh survey, even jointly with NHRC. The matter is also sub judice under the SCA mentioned above. ( c) Survey of riot affected persons still living in camp-like conditions: Regarding survey of riot affected persons still living in camp-like conditions, the Chief Secretary stated that the State Government is willing to examine any grievance. He also claimed that there is no family living in camp-like conditions. (d) Restoration of Tombs and Holy Places : Regarding restoration of Tombs and Holy Places destroyed during the riots, the Chief Secretary stated that an SCA filed by the Islamic Relief Committee is pending before the High Court, and therefore the issue is sub-judice. ANNUAL REPORT 2003-04

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