S I T UAT I O N I N G U JA R AT
'whether any measures have been taken to protect the safety,
physical and psychological well-being, dignity and privacy of victims
and witnesses who have to depose either in court or before the
Commission of Inquiry and, if so, the nature of that protection to
enable them to depose freely and fearlessly.'
The Director-General of Police shall send a report in this behalf to
the Commission within two weeks."
3.18 A report dated 3 June 2003 was received from the Director-General of
Police. It stated that a total of 2037 cases had been charge-sheeted in various
criminal courts in the State. Responding to the specific query put to him, the
Director General indicated that in the absence of any specific complaint from
any witness/victim, it would not be possible for the State Police to accord
protection to each and every witness/victim. He added that witnesses are free
to approach police officers to seek protection and further submitted that prompt
action had been taken to provide due protection to witnesses/victims when so
requested in the following cases:
(i)
"Ahmedabad City Naroda Police Station CR No. 238/02 and Naroda Police
Station CR No. 100/02. In these cases witness Nadeem Mohammad Ali
Saiyed, r/o Jubapura, Ahmedabad City, had filed SCA No. 488/02 before
the Hon. High Court of Gujarat for police protection. Accordingly, he has
been provided with a Constable (in 2 shifts), with effect from 5.9.2002.
(ii)
During the visit of Hon. Justice Nanavati Commission to Banaskantha
district on 30.4.2003, some Muslim victims of village Navasesan, taluka
Deodar, had requested for police protection. From that day onwards, 7
Border Wing Police Jawans along with 2 Mounted Policemen had been
deployed in that village, which arrangement has continued till date."
The Director General of Police then assured the Commission that
"…… all the Superintendents of Police and Commissioners of Police
have been duly instructed to ensure that the protection is given
immediately whenever any witness/victim requests the same or
expresses apprehension to his safety."
3.19 The Commission took note of this response in its Proceedings dated 16
June 2003 and expressed the hope that witnesses/victims will appear before
ANNUAL REPORT 2002-2003
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