Ahmedabad, May 29: Justice G.T. Nanavati and Justice K.G. Shah of the inquiry commission probing the Gujarat riots were sometimes absent during officially notified hours for recording the depositions of riot victims.
As a result, several witnesses who came to testify before the commission, particularly in the districts, were unable to do so.
Though the two-member commission had asked witnesses to depose before it between 11 am and 5 pm, there were reportedly cases where people could not submit their statements due to the absence of the two judges. Justice K.G. Shah has even admitted that both he and Justice Nanavati sometimes did not wait till 5 pm to end the day’s proceedings.
The National Human Rights Commission, annoyed at the low number of riot victims deposing before the Nanavati-Shah panel, has meanwhile demanded an explanation from the Gujarat government.
Highly placed sources involved with the inquiry proceedings said though the commission has held hearings in 18 districts till now, the two members of the panel never stayed back beyond lunch break. "The two members of the commission used to order pack-up even before lunch hour and people had to return without deposing," an official said. There were at least two instances when people had to return without submitting their statements due to the unavailability of the commission members. "For instance, when the commission held its hearing in Surat in April, several riot victims from the districts who reached the collector’s office (where the commission was scheduled to hold the deposition) around 3 pm failed to meet either of the commission members. There was no official of the commission to even record their names. People had to approach the judges at the circuit house to give their statements, which were not even documented," said an advocate.

When questioned about their absenteeism, Justice Shah admitted, "In many districts we did not wait till 5 pm as not many were present to depose before the commission in the first half of the day." He added: "People do not come to the commission when they see a heavy police bandobast outside the inquiry office as they are apprehensive and scared some times." Justice Nanavati was not available for comment.

Senior advocates said the commission members presumed no one would appear before the commission in the late afternoon or evening and hence took the liberty to end the day’s proceedings.

The chief counsel for the Gujarat government in the commission, advocate Nigam Shukla, said the commission declared it would conduct public hearings, invited everyone to depose or represent before the commission, but then remained absent themselves. "Although the government notification clearly stated that the commission would hold public hearings between 11 am and 5 pm, whenever the judges saw that very few people had approached the collector’s office at 11 am, they hastened up the whole process. Instead of waiting till 5 pm, the commission would wind up and leave for the circuit house," admitted a senior advocate involved with the commission.

The inquiry panel claims it has successfully recorded over 253 pieces of evidence in 18 districts of Gujarat, namely Dahod, Godhra, Kheda, Anand, Gandhinagar, Sabarkantha, Rajkot, Jamnagar, Porbander, Junagadh, Amreli, Bhavnagar, Mehsana, Patan, Navsari, Valsad, Surat district and Surat city. It says it will record evidence in Bharuch and Narmada districts on May 27.