Nanavati commission: A new lease of life, for the 20th time!

Is the phrase ‘justice delayed is justice denied’ only applicable to Indian courts? Unlikely, as the same holds true even in case of judicial authorities such as the Nanavati and Mehta commission, which has been inquiring into the 2002 communal riots, for over a decade.

Having drawn much flak in the aftermath of the carnage, and after human rights activists as well as opposition parties had raised a stink over the issue, chief minister Narendra Modi had announced the constitution of the commission in March 2002. Back then, the panel was to submit a report within three months’ time.

It has been nearly 136 months since then. Over this period, the commission incurring an expense of Rs6 lakh a month, has seen two governments change, a judge and two lawyers who appeared before it die, activists and litigants lose interest in it.

Most people barely remember its existence. However, the commission still sought an extension of six months, and the government granted it without raising an objection. This is the 20th extension granted to the commission headed by 78-year-old retired Supreme Court justice GT Nanavati and 70-year-old retired high court judge KR Vyas. Justice Nanavati, who had also inquired into the 1984 anti-Sikh riots, had begun the commission with retired HC judge KG Shah, who died at the age of 73 in 2008. And yet, the inquiry refuses to cease. “I think commission has lost its significance and it now seems to be awaiting the outcome of the 2014 Lok Sabha election,” alleged lawyer and convenor of civil right organisation Jan Sangahrsh Manch (JSM), Mukul Sinha.

JSM represents some of the riot victims and has appeared on behalf of the commission with the theory that the burning of S6 coach of the Ahmedabad-bound Sabarmati Express train was not a pre-planned conspiracy.

59 Karsevaks were charred by a mob from Signal Falia of Godhra on February 27, 2002 and large-scale communal riots broke out across the state, in the aftermath of the incident.

JSM played a proactive part in the commission to reveal the alleged complicity of the Gujarat government in the riots. Even Sinha, who had earlier appeared for almost all proceedings of the panel, has now lost all interest.

“People lost their faith as well as their momentum,” said Sinha, who had for the first time, moved an application in 2007 to summon chief minster Narendra Modi but to no avail even after approaching HC and SC following rejection of his plea by the commission.

Not only that, the commission incurs huge expenditure. According to a reply received by lawyer Vinod Pandya through his RTI application, the commission’s expense stood at Rs7.50 crore till June 2012. The figure is likely is be around the Rs8-crore at present.
The commission had issued its first report and held that the burning of the Sabarmati Express train was pre-planned conspiracy. However, it is submit its report about the people responsible for the communal riots.