S I T UAT I O N I N G U JA R AT again the ground that has already been covered in the preceding report. This report will, instead, provide an account of the principal developments that have occurred since then. A narrative of these developments is provided below. 3.5 On 1 July 2002, the Commission noted that there were imminent plans to hold a series of Gaurav Yatras all over Gujarat from 4 July 2002 and that, in addition, Jagannath Rath Yatras were scheduled to be held on 12 July 2002 in over seventy locations in the State. Media reports and a report from the Commission's Special Rapporteur in Gujarat, Shri P.G.J. Nampoothiri, indicated that there was widespread apprehension, both within sections of the Administration and among members of the public, that this could re-ignite communal violence in the State. 3.6 The Commission, accordingly, in Proceedings recorded on 1 July 2002, asked the State Government to take due care - both at the political and at the administrative level - to prevent situations arising that could have the potential to endanger lives and property and lead to the violation of human rights. In this connection, the Commission also drew particular attention to its Proceedings of 31 May 2002, in which it underlined the unambiguous duty of the police and the magistracy to fulfil their statutory responsibilities under the laws of the land and in accordance with the circulars and guidelines already issued by the Central Government on matters relating to the promotion of communal harmony and the maintenance of law and order. The Commission observed that these laws and directives clearly laid down the manner in which the police and magistracy are expected to function. The Commission added that "any failure to discharge their responsibilities in accordance with those statutory provisions, circulars and guidelines would render the delinquent public servants personally liable and accountable for their conduct." The Commission concluded by observing that it remained "fundamentally important, in such circumstances, that those responsible for the promotion of communal harmony and the maintenance of law and order - whether in the political or administrative leadership - should discharge their duties in the present and future in accordance with the Constitution and the relevant statutory provisions, or be answerable for such acts of omission or commission that result in the violation of the law and the rights to life, liberty, equality and dignity of their fellow human beings." 3.7 Following consideration of the situation at the highest levels of the Central and State Governments, a decision was taken to postpone the Gaurav Yatras. ANNUAL REPORT 2002-2003 ... ... 29 ... ... ..

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