Fire in Godhra: Govt’s panel to ‘clear’ smoke

The committee will be empowered under Section 11 of the Commission of Inquiry Act, 1952, with all the provisions of the said Act. In other words, it will have all the powers of a civil court. When contacted in Kolkata, Justice Banerjee said he had not received the government’s communication yet. He said at present he was involved in certain arbitration cases.

The fire in coach S-6 at Godhra railway station on February 27, 2002, had claimed 59 lives and had triggered off the worst-ever riots in Gujarat’s recent history killing over 1,000 people.

Laloo questioned the decision of then NDA government, specially Railway Minister Nitish Kumar, not to push for an inquiry into the incident.

‘‘It is mandatory under the Railways Act for the Commissioner, Railway Safety, to conduct an inquiry into an accident. In this particular case, the CRS just kept sitting without conducting any inquiry. After eight months of the incident — when he was asked — the CRS claimed that he did not probe because the Gujarat government had already set up the Nanavati commission. It is intriguing that the then Railway Minister did not think that the CRS should have gone ahead with his own inquiry. It was his duty to pressure the CRS,’’ Laloo said.

When Laloo, on July 14, announced in the Lok Sabha that he wanted to set up an internal railway committee, sources said that he only had clearance from UPA chairperson Sonia Gandhi.

The decision had to be cleared by the Prime Minister and the Cabinet.

‘‘The Law Ministry had raised objections to it being an internal inquiry by the Railways saying it would lack credibility and appear to be a witch-hunt. It recommended that the Committee be headed by a retired judge. It was approved by the Cabinet only after that,’’ sources said.

Laloo had also tabled the report, prepared by the state CFSL, in Parliament which had said that the fire in the coach appeared to have started from inside and not from outside.

‘‘There are lots of doubts about the incident. The then government, headed by the BJP and guided by RSS and Bajrang Dal, did not do anything to remove these doubts. The people of the country have to know the truth,’’ Laloo said.

The Justice Banerjee committee will also look into aspects relating to railway safety and systems, including rescue and relief operations, upgradation of technology and preventive measures to avoid recurrence of Godhra-type incidents.

The probe would also find out why the train, including the S-6 coach, was overcrowded with passengers — many of whom without reservation — and if their behaviour, in any manner, contributed to the fire. It will also find out if there was any wrongful act, neglect or default on the part of the officials and workmen of the railway administration and its security staff.

As per the terms of reference, the probe will also go into probable ‘‘internal and external factors’’ or aggravating circumstances that may have led to the tragedy.