The main hurdle in bringing to book the key players in carnages, such as the Gujarat riots of 2002, is the requirement of sanction under CrPC section 197.
The Centre is considering changes in the proposed communal violence bill to bring the political executive, such as a chief minister, on a par with others directly or indirectly involved in carnages, such as the Gujarat riots of 2002.
The main hurdle in bringing to book the key players in such carnages is the requirement of sanction under CrPC section 197.
A team of concerned citizens comprising former SC judge PB Sawant and social activist Teesta Setalvad, among others, met home minister P Chidambaram and home secretary GK Pillai on Thursday. The team pointed out loopholes in the bill.
It said special procedural rules which protect a person due to his official capacity “shall not bar the court from exercising its jurisdiction over him. No person shall be entitled to sovereign immunity and privilege for offences committed under this Act”.
The concerned citizens had earlier deliberated on in a memorandum that to obviate the apprehension that removal of the sanction provision would lead to malicious and frivolous prosecutions of public servants, CrPC be amended to vest the power of according sanction in the district judge or the state legal services authority (not state government).
They suggested a national authority to prevent sectarian violence and punish its perpetrators. This authority could be NHRC.
On being informed about communal violence, this authority shall forthwith declare the area internally disturbed and bring it under its control. It shall order investigation, prosecution and monitor the trial by a special court. Local and district administrations, including police, shall aid the authority.
The proposed bill, however, vests the authority with the state government, which, the citizens feel, “will defeat the very purpose of such a law”.
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