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I will try to present facts before court: RK Raghavan

Ranjona Banerji
Tuesday, May 5, 2009 3:15 IST
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His 68 years and great responsibility sit lightly on RK Raghavan's shoulders. This former director of the Central Bureau of Investigation (1999-2001) now heads the Special Investigation Team (SIT) constituted by the Supreme Court to investigate the Gujarat riots of 2002 as well as monitor the fast track courts which have just been ordered to be set up by the apex court. Big responsibilities are not new to Raghavan. He led the investigation into former prime minister Rajiv Gandhi's assassination in 1991. He sees the "novel method" used by the Supreme Court in Gujarat as a watershed case. "My greatest strength," he says, "is that the Supreme Court is solidly behind me." Excerpts from an interview with DNA in Mumbai:

What is your first priority as head of SIT, now that the Supreme Court has ordered the setting up of six fast track courts?
I will be in Ahmedabad tomorrow and my first mission is to ensure some sort of protection for witnesses, so that they can depose without fear. I would like to get as many witnesses to court as possible and ensure that they can give their testimony without fear. It's a daunting task. We do not have witness protection schemes like the US so I am not sure yet what I can offer.

In India so far, witness protection has existed in minor forms in individual cases decided by the courts. We always say that we are all for fair trials, but are those who do not benefit from a fair trial.

This SIT has been given a huge responsibility.
All credit to the Supreme Court for this new innovation. At stake here is how such cases will be dealt with in the future, god forbid if something like Gujarat 2002 happens again. This novel method will set the tone for the future.
The way the Special Investigative Team has been constituted must also be given credit. It is headed by an outsider, but it also has three officers from the state police. It cannot be accused of being one-sided. Justice Arijit Pasayat of the Supreme Court must be commended for this idea. We have got nine cases -- the Godhra case and eight riot cases.

You have also been asked to probe 62 politicians and bureaucrats, including chief minister Narendra Modi?
This is a new development and I have yet to study it. We already have some police officers and politicians in custody. People have said that the SIT has been given "sweeping powers". I see it more in terms of justice for victims. We all have some sense here that we have to succeed. Justice is our main responsibility. I'm not so concerned with the outcome so much as putting all the facts before the court.

You were director of the CBI. Several allegations have been made about its partisan nature.
The CBI is the only sort of neutral agency we have. Controversial cases are bound to face flak. The opposition always accuses the ruling party of misusing the CBI and then is accused of the same when it is in power. I personally think the CBI is made up of very competent, committed, hard-working and underpaid officers. But what is the point of assailing the CBI when it is not given the autonomy to perform properly? There is no CBI act as yet, although it should have a separate legislation.

I think that the director of the CBI should report directly to the Supreme Court and work independently and autonomously, like the Election Commissioner. The term for the director should also be longer than the current two years. Both those who defend and criticise the CBI, are they willing to make these changes?

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