38 ... ... ... ... .. S I T UAT I O N I N G U JA R AT The NHRC has, inter-alia, contended in the SLP which was filed on 31 July 2003, that: ● The concept of fair trial is a constitutional imperative and is explicitly recognized as such in the specific provisions of the Constitution including Articles 14, 19, 21, 22 and 39A of the Constitution as well as the various provisions of the Code of Criminal Procedure 1973 (Cr.P.C). ● The right to fair trial is also explicitly recognized as a human right in terms of Article 14 of the International Covenant on Civil and Political Rights (ICCPR) which has been ratified by India and which now forms part of the statutory legal regime explicitly recognized as such under Section 2(1)(d) of the Protection of Human Rights Act,1993. ● Violation of a right to fair trial is not only a violation of a fundamental right under our Constitution but also violative of the internationally recognized human rights as spelt out in the ICCPR to which India is a party. ● Whenever a criminal goes unpunished, it is the society at large which suffers because the victims become demoralized and criminals encouraged. It therefore becomes the duty of the Court to use all its powers to unearth the truth and render justice so that the crime is punished. ● It is, therefore, imperative in the interests of justice for the Hon'ble Supreme Court, in exercise of its powers under Article 142 of the Constitution, to lay down guidelines and directions in relation to protection of witnesses and victims of crime in criminal trials which can be adhered to both by the prosecuting and law enforcement agencies as well as the subordinate judiciary. This is essential in order to enhance the efficacy of the criminal justice delivery system. ● The Commission has also filed a separate application (on 31 July 2003) under Section 406 Cr.P.C. before the Supreme Court for transfer of four other serious cases, namely, the Godhra incident, Chamanpura (Gulburga society) incident, Naroda Patiya incident and the Sadarpura case in Mehsana district, for their trial outside the State of Gujarat." 3.25 As these matters are now before the Hon'ble Supreme Court, it would be inappropriate for the Commission to comment any further on them in this Report. 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