The wheels of Justice turn slowly but surely

The Supreme Court has vacated the stay on trial (passed in 2003) into Godhra and post-Godhra riot cases. The SC has ordered the setting up of six fast-track courts in Gujarat to try the cases. The Special Investigation Team (SIT) has been given wide ranging powers including a say on appointment of public prosecutors, witness protection and in helping ensure a conducive environment for a fair trial. Suggesting a daily hearing in the cases, Justices Arijit Pasayat, P. Sathasivam and Aftab Alam said that

"The need for early completion of sensitive cases, more particularly in cases involving communal disturbances, cannot be overstated

...

It is imperative, considering the nature and sensitivity of these cases and the history of the entire litigation, that senior judicial officers be appointed so that these trials can be concluded as soon as possible and in the most satisfactory manner. It would be advisable if the Chief Justice of the Gujarat High Court selects the judicial officers to be so nominated."

The need for a speedy trial cannot be overstated. Long delays in such cases complicate the job of prosecution as the Best Bakery case illustrated. The inability to bring to a satisfactory conclusion the investigations into the 1984 anti-Sikh riots is another case in point. Witnesses become unreliable, may get intimidated, move on or even pass away with passage of time.

It is interesting that the SC denied permission for conducting the trial outside of Gujarat. It will be an important test of the Gujarat government, Mr. Narendra Modi and BJP in how they cooperate with the trial and allow law to take its own course. Mr. Modi has been adept in turning even the slightest criticism of his government or himself into an electoral advantage. Perhaps this will make him think twice before opening his mouth.

The Gujarat riots have polarised opinions not only in Gujarat but in other parts of the country as well, particularly in the urban areas. I am surprised at the number of people I come across in different walks of life who attempt a brazen defence of the conduct of the Gujarat government. I don't intend into going over the arguments ad nauseum. The simple point which I think should be acknowledged by everyone irrespective of religious faith or political persuasion is this: the rule of law is supreme and should apply equally to everyone without fear or favour. Otherwise we do not deserve to consider ourselves members of a civilised society, let alone a functioning democracy.