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S I T UAT I O N I N G U JA R AT
the trial courts or the Commission of Inquiry, as the case may be, and make
true and faithful statements in respect of matters within their knowledge
without any fear or favour. The Commission added that should any effort be
made to intimidate them or tamper with their evidence by any agency, the
witnesses/victims should approach the Superintendent of Police of the concerned
area with a complaint and seek protection. "In case of police inaction on their
report," the Commission stated, "the witnesses/victims may bring the matter
to the notice of the Special Rapporteur of NHRC, Shri Nampoothiri, who will
take up the matter with DGP(Gujarat) and send intimation to the Commission."
The Special Rapporteur was asked to apprise the witnesses/victims about the
assurance of DGP(Gujarat) personally or through the concerned NGOs, the
Commission also expressing the hope that the assurance would help in having
fair trials conducted.
3.20 On 30 June 2003, however, the Commission noted in its Proceedings that
all of the accused in the Best Bakery Case had been acquitted. It will be
recalled that this was one of the five cases in respect of which the Commission
had recommended investigation by the CBI, fourteen persons having been
killed in the premises of the Best Bakery after it was set on fire during the
communal violence that engulfed the State. Upon learning of the acquittals,
the Commission immediately requested the Chief Secretary, Government of
Gujarat, to forward to the Commission, within one week, a copy of the
judgement of the Trial Court. The Commission additionally asked the Chief
Secretary to inform it of what steps, if any, the Government of Gujarat was
proposing to take against the order of acquittal.
3.21 Subsequently, "keeping in view the seriousness of the issues involved in
the order of acquittal in the Best Bakery Case," the Commission considered
it appropriate, "to immediately depute a team of the Commission to proceed
to Vadodara to inspect the records of the case, examine the judgement and all
other relevant materials and submit a report to the Commission." The team
consisted of Shri Ajit Bharihoke, Registrar, NHRC, Shri Sudhir Chowdhary,
DIG (Investigation), NHRC, and Shri P.G.J. Nampoothiri, Special Rapporteur,
NHRC. The team was authorized to associate any local lawyer for assistance
in consultation with the Special Rapporteur. The Hon'ble Acting Chief Justice
of the Gujarat High Court, the Trial Court and the State Government were
requested to extend all possible assistance and facilities to the team to carry
out the mandate of the Commission, the team being asked to submit its report
within one week.
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