...... 18 SITUATION IN GUJARAT 3.18 In compliance with the order of the Supreme Court dated 16.12.2003, the Director, CBI, ordered registration of the case. The Special Crime Branch, CBI, Mumbai on 1.1.2004 registered RC 1(S)/2004 U/S 143, 147, 148, 149, 376 and 302 IPC and took up the investigation of the case. A team of CBI officers set up a camp office in Devgarh Baria, District Dahob, Gujarat for investigation of the case. After completing investigation, the CBI filed a chargesheet on 19.4.2004 in the Court of CJM (Rural), Ahmedabad against 20 accused persons, including some police officers and doctors. The CBI also recommended departmental action for major penalty against 8 Government servants, named in the charge-sheet for dereliction of duty. The CBI requested the Principal Secretary (Home) and Director General of Police and Inspector General of Police, Gujarat on 20.4.2004 to provide security to 33 important witnesses in the case in order to ensure free and fair trial and avoid any extraneous pressure being brought on the witnesses at the behest of accused persons. 3.19 While the matter rested thus, the Special Rapporteur of the Commission forwarded an application from the complainant Ms.Bilkis Yakub Rasool requesting for assistance from the Commission to appoint a lawyer during the trial of the case before the Trial Court. The Commission vide its proceedings dated 24.3.2004, acceded to the request of the complainant and asked Shri P.G.J. Nampoorthiri, Special Rapporteur, NHRC to take steps for engagement of a competent lawyer in consultation with the Commission and the complainant to represent her in the trial court. The Commission undertook to bear the expenses in that behalf. 3.20 Before the trial could commence in the Court of CJM (Rural), Ahmdabad, Ms.Bilkis Yakub Rasool brought to the notice of the Supreme Court, through an application, that she and some witnesses were under constant threat and that the atmosphere was so surcharged that it was not possible to have a fair trial before the CJM (Rural) at Ahmedabad. The Supreme Court took cognizance of the application and after notice to the State and hearing the parties by its order dated 8.8.2004 directed the transfer of the trial of the case from Ahmedabad to a court in Mumbai “in the interest of justice”. The Supreme Court, however, made it clear that the order of transfer of case was not to be interpreted as any indictment of the judiciary in Gujarat. REHABILITATION OF PERSONS DISPLACED BY THE RIOTS 3.21 The Commission has continued to be concerned about the relief, rehabilitation, and resettlement of the victims of communal violence in the State of Gujarat who were ‘displaced’ following the post Godhra riots. The Commission had proposed several measures in that behalf. However, the experience of the Commission has been that the State Government in responding to the recommendations of the Commission regarding the relief and rehabilitation of victims, has been less than forthcoming or cooperative, with the result that NATIONAL HUMAN RIGHTS COMMISSION