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This is an archive article published on October 14, 2008

Nanavati report: SC says can’t stop release of partial findings

The Supreme Court on Monday refused to stay the implementation or circulation of the Nanavati Commission...

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The Supreme Court on Monday refused to stay the implementation or circulation of the Nanavati Commission report on the Godhra fire and the subsequent communal riots in 2002 in Gujarat, saying there was no legal bar under the Commission of Inquiries Act to prevent a panel from releasing partial findings.

At the same time, it observed it would have been more appropriate if one entire report had come out.

The three-member bench headed by Chief Justice K G Balakrishnan was hearing submissions by a senior advocate on behalf of NGO Citizens for Justice and Peace.

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Its counsel contended that the Nanavati Commission was not authorised to give its report in parts, recalling that in an earlier case, the interim report of the U C Banerjee Commission had been stayed.

Saying that there were no legal grounds to pass any directions to the state on circulation and publication of the report, the Supreme Court bench said it would consider the grievances of the NGO after getting the response from the state Government. Gujarat has been granted time till November to reply, when the matter will be taken up next.

The NGO has expressed apprehension that the circulation of the first part of the Nanavati report — which says the Godhra fire was a planned attack and gives a clean chit to the Modi administration — would provide a ground to the state Government to take a liberal stand against the accused in the 2002 riots.

The NGO cited the case of the Justice Banerjee Committee to seek curbs on circulation of the Nanavati report. Some portions of the Banerjee Committee had leaked, indicating the panel’s “conclusion” that the burning of S-6 coach of the Sabarmati Express was purely an accident. Following the leak, the Gujarat High Court had stayed the report.

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