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NHRC moves SC in Best Bakery case
New Delhi, July 31: In an extraordinary move, the National Human Rights Commissioni (NHRC) today filed a special leave petition in the Supreme Court seeking a fresh trial in the Best Bakery case in the post-Godhra violence in Gujarat and that the retrial be held outside the state.
New Delhi, July 31: In an extraordinary move, the National Human Rights Commissioni (NHRC) today filed a special leave petition in the Supreme Court seeking a fresh trial in the Best Bakery case in the post-Godhra violence in Gujarat and that the retrial be held outside the state.
The NHRC also filed a separate application before the Supreme Court for transfer of four other "serious" cases, pertaining to the Gujarat riots.
The cases referred by the commission for the trial outside Gujarat were Godhra incident, Chamanpura (Gulbarga society) incident, Naroda party incident and Sadarpura case in Mehsana district.
The commission, after considering a report of its team which visited Vadodara, filed a SLP with a prayer to set aside impugned judgement of trial court in the Best Bakery case and sought a direction for further investigation by an independent agency and re-trial of cases in a court outside Gujarat.
"Deeply concerned about the damage to the credibility of the criminal justice delivery system and negation of human rights of victims," the NHRC has, inter-alia, contended in the SLP the concept of "fair trial is a constitutional imperative and is explicitly recognised as such in the specific provisions of the Constitution."
"Violation of a right to fair trial is not only a violation of fundamental right under our Constitution but also violative of the internationally recognised human rights as spelt out in the International Covenant on Civil and Political Rights (ICCPR) to which India is a party," the commission contended.
It also said "whenever a criminal goes unpunished, it is the society at large which suffers because the victims become demoralised and criminals are encouraged. It, therefore, becomes the duty of the court to use all its powers to unearth the truth and render justice so that criminals are punished."
It was, therefore, imperative in the interests of justice for the Supreme Court, in exercise of its powers, to lay down guidelines and directions in relation to protection of witnesses and victims of crime in criminal trials which can be adhered to both by the prosecuting and law enforcement agencies as well as the subordinate judiciary, it said.
"This is essential in order to enhance the efficacy of the criminal justice delivery system," the commission said.
Bureau Report
The cases referred by the commission for the trial outside Gujarat were Godhra incident, Chamanpura (Gulbarga society) incident, Naroda party incident and Sadarpura case in Mehsana district.
The commission, after considering a report of its team which visited Vadodara, filed a SLP with a prayer to set aside impugned judgement of trial court in the Best Bakery case and sought a direction for further investigation by an independent agency and re-trial of cases in a court outside Gujarat.
"Deeply concerned about the damage to the credibility of the criminal justice delivery system and negation of human rights of victims," the NHRC has, inter-alia, contended in the SLP the concept of "fair trial is a constitutional imperative and is explicitly recognised as such in the specific provisions of the Constitution."
"Violation of a right to fair trial is not only a violation of fundamental right under our Constitution but also violative of the internationally recognised human rights as spelt out in the International Covenant on Civil and Political Rights (ICCPR) to which India is a party," the commission contended.
It also said "whenever a criminal goes unpunished, it is the society at large which suffers because the victims become demoralised and criminals are encouraged. It, therefore, becomes the duty of the court to use all its powers to unearth the truth and render justice so that criminals are punished."
It was, therefore, imperative in the interests of justice for the Supreme Court, in exercise of its powers, to lay down guidelines and directions in relation to protection of witnesses and victims of crime in criminal trials which can be adhered to both by the prosecuting and law enforcement agencies as well as the subordinate judiciary, it said.
"This is essential in order to enhance the efficacy of the criminal justice delivery system," the commission said.
Bureau Report