Hide and seek

The investigation into the 2002 Gujarat riots was never going to be easy. With the state government both in the dock and in charge of the police,conspiracy theories were bound to fly. But the investigation was so tawdry that the Supreme Court in an unprecedented set of responses publicly indicted the Narendra Modi government,transferred cases to neighbouring Maharashtra,and ordered the formation of a Special Investigation Team to investigate the 10 most egregious offences. Apart from ensuring justice,these steps were a loud warning to the state government: shape up,or ship out.

If that was the message,it has apparently gone unheard. Gujarat BJP MLA and state minister Maya Kodnani faces charges of involvement in the 2002 massacre of Muslims in Naroda Patiya. She denies involvement. But her statements to the SIT contradict what she told a police officer just after the massacre; her cell-phone records dont square with her admitted whereabouts when the massacre was taking place. In response,the SIT called her for questioning in January 29,and when she failed to respond,was forced to declare her an absconder. Though there is no explicit law forcing absconding ministers to quit the cabinet,the Constitution mandates that the state cabinet is collectively responsible to the legislative assembly. And the very least that collective responsibility entails is that the minister be publicly accessible. When a minister is declared an absconder,it goes against the bare minimum that a minister must do: be present. But Kodnani,now underground,continues to be part of the state cabinet.

Coming at a time when the Narendra Modi state government is relying on good governance to refurbish its image,the absconding of one of its ministers,on a riot related charge,should be deeply embarrassing. What is unpardonable,though,is that she has not been removed from the cabinet. The SIT might have been foisted on the Gujarat government,but constitutional propriety dictates that it cooperate with the investigation. Narendra Modi pay heed: justice for riot victims is good governance too.