BJP TODAY

February 16--28, 2005 - Vol. 24, No. 4

'Banerjee Committee's findings impossible'

The Justice Banerjee Committee appointed by Railway Minister Laloo Prasad Yadav has said in its interim report that Sabarmati Express was not set on fire from outside. The country is now waiting for the Nanavati Shah Commission's report on the Godhra incident and the riot that engulfed Gujarat thereafter. The commission appointed by the Modi government on March 6, 2002, is scheduled to submit its report by December 2005. Justice KG Shah, a member of the Nanavati-Shah Commission, spoke to Mahesh Langa, about the ongoing probe and the Banerjee Committee interim report. Excerpts:

What do you think is the truth behind the Godhra train incident?

We have different perspectives about it. It happened two-and-half years back and it was not anticipated. It happened so suddenly that everybody tried to save his or her life without bothering about anything else. So I believe that absolute truth is difficult to come out. Our perspective may differ from that of others.

There is a rumour doing the rounds that the Justice Banerjee Committee may be given status of a full-fledged commission.

It may be successfully challenged if another commission is constituted to investigate the same matter. How can you convert a high-level committee into a commission of inquiry when one commission is already there? And secondly, the Commission of Inquiry Act does not allow you to do so. Section 3 of the Act categorically says: 'The Central government shall not appoint another commission to inquire into the same matter for so long as the commission appointed by the state government is functioning, unless the Central government is of the opinion that the scope of inquiry should be extended to two or more states.' And if the Central government has appointed the commission, then the state shall not do so. We have no problem with the high-level committee, but it cannot be given a commission status in the face of Section 3 of Commission of Inquiry Act.

What is your comment on the interim report submitted by Justice Banerjee?

We have evidence before us that some inflammable (substance) was used to set the coach on fire. The forensic science experts have said that at least 60 liters of inflammable substance must have been used to set the coach ablaze. Another point is that no police officers were examined, no forensic science experts were examined and no scientific evidence collected by the high-level committee. And the interim report was submitted in just three months... They (the UPA) came to power in May 2004. Then they appointed the high-level committee in September. Now they are thinking that the committee should be given a commission status.

But Justice Banerjee has said it was an accidental fire...

My friend it is impossible. We have examined experts, police officials, railway people, military people and we have documentary evidence that suggests totally otherwise.

Do you think an attempt is being made to tarnish the image of Gujarat?

Yes, positively right from the beginning.

Since Godhra happened..

No, after the UPA came to power. Laloo Prasad made some utterances initially and then the committee was constituted sometime in September. They came to power in May. So were they sleeping for three months? They kept saying that we want to do something to know the truth. So do it. Who prevents you? On the other hand, here, the commission of inquiry was constituted within six days of the Godhra incident. Ours was and is the fastest commission to have been constituted. Within one and half months, I had started collecting affidavits and examining witnesses. In 1984 riots, the commission of inquiry was set up after eleven months.

When are you likely to submit the report?

We have already completed 95 percent of our task. Now only a few witnesses are left. So we should be able to submit the report before December 5, 2005, that is the timeframe given to us, provided we get cooperation from the remaining witnesses, government officials and other concerned people.

(Courtesy : Tehelka Weekly)