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This is an archive article published on April 10, 2008

Riots panel: victims’ counsel oppose naming of new judge

The Gujarat Government’s decision to appoint Justice (retd) Akshay Mehta of the Gujarat High Court as the second member of the two-member commission...

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The Gujarat Government’s decision to appoint Justice (retd) Akshay Mehta of the Gujarat High Court as the second member of the two-member commission probing the post-Godhra riots has received flak from civil right groups and advocates appearing before it. The commission comprised Justice (retd) G T Nanavati and Justice (retd) K G Shah. However, Justice Shah died last month, necessitating the appointment of another judge to replace him on the panel.

The Jan Sangharsh Manch (JSM), a civil rights body representing a section of the riot victims before the commission, has even threatened to boycott the proceedings of the commission if Justice Mehta’s appointment remains unchanged.

Justice Mehta, who had given bail to VHP’s Babu Bajrangi in 2006, was described by the latter as apna aadmi in the Tehelka sting operation telecast by Aaj Tak in October 2007. Bajrangi is the main accused in the infamous Naroda Patiya killings. This has brought the credentials of Justice Mehta under cloud.

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Advocate Mukul Sinha, who appears for the JSM, said, “There have been allegations against him. The state Government should have appointed somebody else. We had suggested the name of five judges for the same.”

Harilal Gupta, vice-president of the Gujarat Pradesh Congress Committee, who also appears before the commission, said, “We object to Justice Mehta’s appointment. He gave bail to Babu Bajrangi when he was accused of such a heinous crime. He appears to be in the good books of the Government.” Gupta, however, said a formal decision on whether to boycott the proceedings of the commission would be taken only after consultation with the party high command.

The commission is currently in its eighth extension and in a critical stage of inquiry. It has reserved order on the plea raised by JSM for calling senior police officials and ministers, including Chief Minister Narendra Modi and the then Home Minister Gordhan Zadaphia, for examination.

The JSM has raised this question on the basis of the analysis of a CD containing the phone records of top police officials when the riots broke out. Set up in March 2002, the commission has so far received sworn statements of more than 4,000 riot survivors, besides examining more than 1,000 witnesses.

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