The Hindu Business Line : Exercises in futility?

THE Godhra tragedy and its aftermath have been caught in the cross-fire of contradictory versions from two retired Supreme Court Justices, Mr U. C. Banerji heading the Committee under the Railways Act, and Mr G. T. Nanavati, heading a Commission of Inquiry (under the Commissions of Inquiry Act).

The Banerji Committee was set up by the Railway Ministry to go into the circumstances resulting in coach S-6 of the Sabarmati Express catching fire in which 59 kar sevaks lost their lives.

The Nanavati Commission was constituted by the Gujarat Government to inquire into the fire as well as the riots that followed it and the nature and adequacy of action taken by the State law and order machinery to safeguard lives and property.

Mr Banerji, in his interim report, has ascribed the burning of the coach to an accident, while Mr Nanavati has countered this view saying that "terrorism could have set off the blaze." He has also questioned the need for Mr Banerji to give an interim report.

However, Mr Nanavati himself, without waiting for the completion of the work of his Commission, gave out his opinion last year that evidence recorded till then did not indicate any serious lapse on the part of the police or the administration in controlling the riots.

For his part, retired Supreme Court Chief Justice, Mr J. S. Verma, now heading the National Human Rights Commission, has already castigated the State Government for its failure to anticipate, prevent and control the riots.

What is one to make of this bewildering situation?

The Supreme Court, in a judgment in an unrelated case delivered last November, has been disparaging about the usefulness of Commissions of Inquiry which take an "unreasonable length of time" to submit their reports and also "do not bind the State and....hardly serve any purpose. By the time the reports are submitted the public memory has already faded and people are not any more bothered about the results.... follow-up action depends more on political considerations rather than for public good...."

The present Chief Justice, Mr R. C. Lahoti, was one of the Justices on that Bench and he subsequently reiterated the same view after his elevation. Can he not evolve a code of conduct to maintain the credibility of serving and retired judges heading such bodies?

B. S. Raghavan

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