P R E FAC E While this report was under preparation, in a speech delivered in Chandigarh on 29 September 2003, the President of India, Dr. A.P.J. Abdul Kalam, spoke with great wisdom on the theme 'Justice & Human Rights for National Development.' He stated: "Our individual and localized interests have to be harmonized within the larger pluralistic order so as to give primacy to human rights ….. For a peaceful human life, law and justice have to assist. If justice fails to protect human rights, the nation fails." It is precisely this concern, that justice and respect for human rights must march hand-in-hand for the greater good of the country, that has illumined the path of the Commission over the past decade, including during the year 2002-2003. It has also been this concern that has motivated the Commission to intervene, even while this report was being finalized, in respect of the human rights situation in Gujarat and to file, inter alia, a Special Leave Petition before the Supreme Court on 31 July 2003, under Article 136 of the Constitution, with the prayer that the Apex Court set aside the judgement of the Trial Court in the Best Bakery Case, issue directions for further investigation by an independent agency and order re-trial of the case in a competent court located outside the State of Gujarat. Stating that the concept of a fair trial was a constitutional imperative and that, when a criminal goes unpunished, society suffers and the criminal is encouraged, the Special Leave Petition also expressed the view that it was 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 by the subordinate Judiciary. This was essential to enhance the efficacy of the criminal justice delivery system. The same concern for justice has driven the Commission consistently to insist that those responsible for human rights violations, anywhere in the country, must be held accountable, individually, for their acts. Individual accountability is essential for another reason: only when it is clear that no one is above the law, will those who may be inclined to commit serious crimes and human rights violations be deterred from doing so. Thus, peace within a pluralistic society, like peace within the global community, rests on the pillars of justice and individual accountability. ANNUAL REPORT 2002-2003 ... ... 3 ... ... ..