Administration was found to be persuading the Christians, whose houses had been destroyed in the communal violence, to move to other areas. 6.110 Taking cognizance of the complaint, the Commission issued a notice to the Chief Secretary, Government of Orissa, calling for a report within four weeks. The report received recently from the Superintendent of Police, Kandhamal is under consideration of the Commission. 29. Suo motu Cognizance of Programme “Operation Kalank” on 'Aaj Tak' on Post-Godhra Violence (Case No. 426/6/18/2007-2008) 6.111 The Commission took suo motu cognizance of a programme, “Operation Kalank” telecast on TV channel 'Aaj Tak' on 25 October 2007, accusing the State functionaries of Gujarat, including the Chief Minister, the Minister of State for Home Affairs and the police officers, for abetment of killing of innocent citizens in the wake of post-Godhra violence in Gujarat. The Commission also received a complaint from Shri Abdur Rahman Mohammad Yusuf Anjaria in the matter. 6.112 The Commission directed the Government of Gujarat to communicate their consent for a CBI investigation into the authenticity of the tapes and allegations made therein to it and the Central Government within two weeks. 6.113 In response, the Government of Gujarat expressed its inability to give its consent for a CBI investigation on the ground that the Commission of Inquiry, under the provisions of the Commission of Inquiry Act, 1952, headed by Justice Shri G.T. Nanavati, former Judge of the Supreme Court, and Justice Shri K.G. Shah, former Judge of the High Court of Gujarat and High Court of Mumbai, had already been appointed to enquire into various aspects of the post-Godhra violence, including the role and conduct of the Chief Minister/other Minister(s) in his Council of Ministers, Police Officers and other individuals and organizations. 6.114 It was also contended on behalf of the State Government that no investigation by an agency like CBI into the alleged exposure by the telecast of "Operation Kalank" is required as necessary actions have already been taken and the trials are pending. In the meantime, if any further material is made available, it can very well be placed before the concerned Courts. 6.115 The Commission thoroughly deliberated on the submissions made by the State Government of Gujarat and all aspects of the issue. The Commission noted that the “PHRA, 1993 mandates the Commission to enquire into any violation of human rights or negligence in preventing such violation. The status of the Commission conducting the inquiry under the Act is that of a Civil Court. It is not an administrative or fact-finding Commission such as those constituted under the Commission of Inquiry Act 1952, but a quasi-judicial body whose jurisdiction cannot be easily ousted.” 6.116 As per Section 36(1), the Commission is barred to inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time 52 National Human Rights Commission