NATIONAL HUMAN RIGHTS COMMISSION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been made for the setting up of a committee for overlooking a Special Investigation Team to be set up by the State Government of Gujarat to enquire into those cases in which final reports have been filed by the local police stations closing the same. The State Government has filed an application in which it is stated that the State Government has already authorised high-ranking officers to monitor each and every investigation which has been carried out in connection with the communal riots which have taken place in the State. It is submitted that the communal riots which have taken place, have taken place in particular districts of the State and not throughout the State. It is also stated to this Court by the State that the particular police districts in which there have been communal riots are under the supervision of Range Inspector Generals.

(2.) At the outset, we may point out that today when the matter reached hearing, we made it clear to all the parties appearing before us (including the State of Gujarat) that in this matter we are not going to proceed on the basis that the entire investigating machinery in the State has failed; that there should be further/more extensive and in-depth investigation into cases, numbering 2000, in which "a" Summary Reports have been filed resulting in closure of cases at the threshold and that the State should consider further/extended investigations through its own high-ranking officers to which none of the parties concerned (including the State of Gujarat) had any objection.

(3.) Having heard the submissions of the parties and having regard to the extant procedure in the State relating to the monitoring of investigation, in order to provide for a more integrated approach to the issues raised in the application of the amicus curiae, we direct the State Government to set up a Cell which would consist of the following: