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October 10, 2003 Friday Sha’aban 13, 1424

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India SC intervenes in Gujarat’s riot cases


NEW DELHI, Oct 9: India’s Supreme Court on Thursday intervened over the riot scarred state of Gujarat’s handling of last year’s communal violence following criticism of the lack of progress in prosecuting those responsible for around 2,000 deaths.

The Supreme Court said the western state would have to obtain federal clearances for special public prosecutors appointed by the state administration to try those charged with slaying Muslims.

The order was seen as a stern rebuke to the state’s Hindu nationalist BJP government, accused by rights groups of turning a blind eye to the sectarian violence which killed mostly Muslims.

The court also appointed India’s former solicitor general Harish Salve as “amicus curiae” (friend of the court) in Gujarat. Analysts said the friend of the court’s role would be as an observer to guarantee impartiality.

They said the appointment showed the Supreme Court’s lack of faith in the provincial judiciary after 21 Hindus were acquitted in July for the torching of a Muslim-owned bakery during the riots that left 12 people dead.

The ruling came during the hearing of a joint petition filed by India’s autonomous National Human Rights Commission (NHRC) and 17-year-old Zaheera Sheikh to reopen the trial of 21 Hindus acquitted in the Best Bakery case.

Ms Sheikh, whose father died in the massacre, says she and many other witnesses retracted their incriminating testimony at trial because they were threatened by local right-wing Hindu leaders. She has since fled Gujarat.

Last month the Supreme Court’s Chief Justice V.N. Khare said he had no faith in the prosecution in the riot cases or in the Gujarat government.

India’s Deputy Prime Minister Lal Krishna Advani, who also belongs to the BJP, called the riots “disturbing” but argued that the provincial administration had no hand in the religious bloodletting.

Meanwhile, 13 of the 21 acquitted Hindus were rearrested on Thursday but were released on bail, police said.

“We have arrested 13 of the 21 accused in the Best Bakery case and produced them before the court,” Baroda city Police Commissioner Sudhir Sinha told AFP.

He said the police had warrants issued against all 21 accused on Tuesday, but seven were still to be served, he said.

He said the warrants were issued to ensure their attendance at an appeal of their acquittals by the Gujarat government in the state high court.

The riots in Gujarat erupted in February 2002 after a mob torched a train carrying Hindus, killing 59.

—AFP






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