SC refuses to stay publication of Nanavati report on riots

Written by Writer on Tuesday, October 14th, 2008

SC refuses to stay publication of Nanavati report on riots

NEW DELHI: The Supreme Court on Monday refused to stay the controversial part-report of the Nanavati Commission on the Godhra train burning incident, brushing aside allegations from Teesta Setalvad-headed Citizens for Justice and Peace (CJP) that the contents of the report could fuel communal disharmony.

Senior advocate Rajinder Sachar, appearing for joint petitioners CJP and People’s Union for Civil Liberties (PUCL), attempted to bring into focus the disparity in judicial approach towards the reports of two commissions headed by retired Supreme Court judges — Justice Banerjee and Justice Nanavati.

While one report was stayed and not allowed to be tabled in the assembly, the other was allowed to be accepted by the assembly, Sachar said seeking parity in treatment towards both the reports.

While the Banerjee commission appointed by the railway ministry had ruled out any sabotage in the train burning incident, Justice Nanavati found a clear conspiracy in the setting afire of the train carrying back Kar Sevaks. The Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and Aftab Alam set the record straight by telling Sachar that the high court had declared the constitution of Banerjee Commission as illegal, but there was no such challenge to the setting up of the Nanavati Commission.

While Justices Balakrishnan and Sathasivam told the counsel that there was no legal bar against any commission of inquiry from submitting an interim report, Justice Alam said it would have been appropriate had the Nanavati Commission submitted a final report rather than a part-report. However, he was quick to clarify that there was no legal impediment for submission of an interim report.