The Supreme Court on Monday dropped further scrutiny into a six-year-old petition that questioned the manner of functioning of the Commission of Inquiry (COI) examining the 2002 Godhra riots. Refusing to hear the case further, the apex court allowed the petitioner — NGO Citizens for Justice and Peace - to raise the questions of law arising in the petition at any subsequent stage.
The NGO, run by social activist Teesta Setalvad had objected to the Commission releasing interim reports in piecemeal without releasing the entire report. According to the petitioner, under the Commission of Inquiry Act, it required to be examined if a Commission could adopt such practice.
The Bench of Justices Hl Dattu and SA Bobde, which was not willing to hear the case any further, asked, “Does any issue remain pending for our considerationIJ” Senior advocate Rajinder Sachar, appearing for the petitioner, stated that the Commission is still seized with the matter. He pointed out that under the Act, any Commission is supposed to give a final report on the terms of reference framed at the time of its constitution. He wondered how the Nanavati Shah Commission in the Godhra cases was releasing interim reports even when the final report is awaited.
The court, however, was not convinced. The Bench said, “Suppose there are four to five issues referred to the Commission and on each issue it sends report to the Government, should we be saying anything on it.” Advocate Sanjay Parikh who also appeared for the petitioner suggested that in the event the matter had to be disposed, the questions of law challenging the provisions of Commission of Inquiry Act must be kept open.
The Bench agreed to the proposal and ordered closure of further proceedings in the case. The Commission which is currently headed by Justices GT Nanavati and Akshay Mehta (both retired) had submitted its first report in 2008, which held that burning of S-6 coach of Sabarmati Express near Godhra railway station on February 27, 2002, was “a planned conspiracy”.
The Gujarat Government set up the commission on March 3, 2002 under the Commission of Inquiry Act. Initially, it was set up to inquire the burning of the S-6 coach of Sabarmati Express. In June 2002, the panel was asked to probe the incidents of violence that took place after the Godhra incident too.