Justice Nanavati Commission hands over final report on 2002 Gujarat riots probe to Chief Minister Anandiben Patel

Gandhinagar, 18 November 2014

Justice Nanavati Commission today handed over its final report on year 2002 Gujarat riots to Chief Minister Anandiben Patel in Gandhinagar.

The first part of report was handed over to then Chief Minister Narendra Modi in September 2008 by Justice(retired) Nanavati and Justice(retired) Mehta. The report was later tabled in Gujarat assembly. After Supreme Court refused to restrain the government of Gujarat from circulating, publishing and acting on Nanavati Commission report on Godhra train carnage, Gujarat government’s Home department website had published full text of first part of Nanvati Commission report in PDF format.

The first part of report was introduced as ‘Into the facts, circumstances and all the course of events of the incidents that led to setting on fire some coaches of the Sabarmati Express Train on 27.2.2002 near Godhra Railway Station and the subsequent incidents of violence in the State in the aftermath of the Godhra incident.’ on it’s first page. It had total 176 pages(excluding annexture) report has four chapters:(1)Introduction,(2)Proceedings, (3) Points for consideration and (4) Evidence and Findings.

Second and final report is covering the incidents that took place after train tragedy in Godhra.

The road ahead

Gujarat Chief Minister has asked Home department to file Action Taken Report(ATR) on Nanavati Commission report by February nex year when the next assembly session will meet. The report is likely to be tabled in assembly session, after which it could be uploaded on Home Ministry website like earlier part of report(which was uploaded on state home ministry website). According to sources, Nanavati Commission’s final report is mainly based on court documents and Supreme Court appointed Special Investigation Team(SIT) report.

Background:

The Government of Gujarat decided to appoint a Commission of Inquiry, under section 3 of the Commissions of Inquiry Act, 1952 headed by a retired Judge of the High Court of Gujarat. Accordingly the State Government, by a notification dated 6th March 2002, appointed Mr. Justice K.G.Shah, as the Commission of Inquiry. The terms of reference stated in the said notification are:

-To inquire into

A. The facts, circumstances and the course of events of the incidents that led to setting on fire some coaches of the Sabarmati Express train on 27 February 2002 near Godhra railway station;

B. The facts, circumstances and course of events of the subsequent incidents of violence in the state in the aftermath of the Godhra incident; and

C. The adequacy of administrative measures taken to prevent and deal with the disturbances in Godhra and subsequent disturbances in the state;

– To ascertain as to whether the incident at Godhra was a pre-planned and whether information was available with the agencies which could have been used to prevent the incident;

-To recommend suitable measures to prevent recurrence of such incidents in future.

The Government also made applicable to the commission all the provisions of sub-sections(2) to (5) of section 5 of the Act.

-Within a short time the Government of Gujarat found it necessary to reconstitute the Commission in public interest, by converting the single member Commission into two members Commission headed by a retired Judge of the Supreme Court of India. Therefore, the Government by a notification dated 21st May, 2002 appointed Mr. Justice GT Nanavati as a member and chairman of the Commission. On 3-6-2002 the Government amended the 6th March notification and included within the scope of inquiry the incidents of violence that had taken place in Gujarat till 30th march, 2002. Again on 20-7-2004, the Government amended that notification of 6th march and widened the scope of inquiry. The following two clauses were added:

-Role and conduct of the then Chief Minister and/or any other Minister(S) in his countil of Ministers, Police Officers, other individuals and organizations in both the events referred to in clauses(a) and (B);

-Role and conduct of the then Chief Minister and/or any other Minister(s) in his council of ministers, police officers (i) in dealing with any political or non-poolitical organization which may be found to have been involved in any of the events referred to hereinabove; (ii) in the matter of providing protection, relief and rehabilitation to the victims of communal riots(iii) in the matter of recommendations and directions given by National Human Rights Commission from time to time.” By that notification the Government also included within the scope of inquiry the incidents of violence that had taken place till 31-5-2002.

Before the Commission could complete its inquiry, Mr. Justice KG Shah died on 22-March 2008. The vacancy caused by his death was filled up by the Government, by appointing Mr. Justice Akshay H Mehta, a retired Judge of the High Court of Gujarat by a notification dated 5.4.2008.

The Commission started functioning from 7.3.2002 at Ahmedabad. It issued a notification on 20.4.2002, inviting persons acquainted with the subject matter of the inquiry related to the Godhra incident and post Godhra incidents to furnish to the Commissions statements/affidavits by 15.5.2002.