The apex court also asks the courts to hear the cases on a day-to-day basis.
In another embarrassment to Gujarat Chief Minister Narendra Modi, the Supreme Court today directed the state government to set up six fast-track courts exclusively to try 10 post-Godhra riot cases. It also asked the courts to hear the cases on a day-to-day basis.
Passing its order in writ petitions moved by the National Human Rights Commission and several others, the Bench headed by Justice Arijit Pasayat also asked the government to provide protection to witnesses to come to the courts and go back. If necessary, they should be given protection at their places of living also.
The designated courts will be set up in the worst-affected areas like Ahmedabad, Anand, Sabarkantha, Mehsana and Gulbarg districts.
The chief justice of the Gujarat High Court will appoint expert criminal lawyers as public prosecutors in these cases.
The court passed the order after examining the report filed by the Special Investigation Team (SIT) headed by former CBI director R K Raghavan which investigated the cases at the instance of the Supreme Court. The court showed its decision to continue its monitoring of the sensitive cases which had aroused the curiosity of the nation. According to its order, SIT will file quarterly reports on the progress of the cases to the court in sealed covers.
The court gave wide powers to SIT to conduct the cases. For instance, it would be open to the SIT chairman to seek change of public prosecutors if any deficiency was found during the trial.
SIT can make a request to the Advocate General of the state on the appointment of assistant public prosecutors to assist the public prosecutors, it said.
SIT can recommend the cancellation of bail if it is considered necessary. SIT will act as a nodal agency to decide as to which witnesses in the case should be given protection and relocated. Central paramilitary forces will provide security to the witnesses.
The central government will make arrangements if relocation of witnesses is required. The court should take stern steps to prevent any unruly scenes during the trial process. In case of any difficulty, SIT can always approach the Supreme Court for further directions.
The court turned down the plea of the petitioners that the cases should be shifted out of Gujarat as no fair trial was possible in the courts in the state.
SIT was set up by the court last year with Raghavan as its head. Its members include former DG of UP Police, C D Satpathy, and three IPS officers from Gujarat — Geeta Johri, Shivanand Jha and Ashish Bhatia. The report on the post-Godhra riots in places like Gulbarg Society in Ahmedabad, Naroda Gaon, Naroda Patiya and Sardarpura was submitted to the court recently.
