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This is an archive article published on July 22, 2004

Modi checkmates Centre, empowers panel

The Narendra Modi government today enlarged the scope of the Nanavati-Shah Commission probing the Godhra carnage, giving it the power to loo...

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The Narendra Modi government today enlarged the scope of the Nanavati-Shah Commission probing the Godhra carnage, giving it the power to look into the role of the chief minister, ministers, government officials, organisations and individuals. It was announced after a Cabinet meeting in Gandhinagar today.

The Gujarat government has also extended by a month the period of events the panel will probe. Earlier, the Commission was to cover events only between February 27, 2002 and April 30, 2002. The period has been extended till May 31, 2002. The deadline for submitting the report has also been extended to December 31, 2005.

By appropriately widening the scope of the Commission, the state government has pre-empted the Centre’s appointment of another panel of inquiry to investigate the carnage. The Commission of Inquiry Act, 1952, does not allow two or more commissions with overlapping terms of reference.

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The UPA Government has already embarrassed the Modi government, with Railway Minister Laloo Prasad Yadav ordering a departmental inquiry into the Godhra carnage.

Gujarat government spokesman I.K. Jadeja said the notification was issued following ‘‘a spate of representations received by the government from the general public’’. But he was quick to add that there was nothing political about the decision.

According to Chief Secretary P.K. Laheri, the state government had long been thinking on the issue, given the representations it had received. Now, he said, these individuals and organisations, too, would be able to depose before the panel. The commission could even summon journalists to depose if it so desired.

Legal experts, however, said the government’s decision will further delay the Commission’s report. ‘‘This will determine that the Commission does not finish its work even in 10 years. And till then, the Centre won’t be able to appoint another commission,’’ said human rights lawyer Mukul Sinha, who is appearing before the panel on behalf of voluntary group Jan Sangharsh Manch. He added that decisions on rehabilitation and relief for victims have still not been looked into as inquiry commissions are basically set up for fact-finding.

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