BJP TODAY

September 16--30, 2004 - Vol. 13, No. 18

Lalu's Godhra Committee challenge to rule of law

Press statement of Shri Arun Jaitley, General Secretary

The appointment of High Level Committee by the Government of India to enquire into the incident of fire in the Sabharmati Express on February 27, 2002 is an unashamed act of the Central Government directly intended to help the accused who had resorted to the heinous and barbaric crime of killing innocent Karsewaks by setting Sabharmati Express on fire. That noises of this kind were being made by Shri Lalu Prasad Yadav and some others was worrying enough. But such a move to acquire the stamp of the Prime Minister and the Union Cabinet is a challenge to the rule of law and an interference with the course of justice. It reflects a callous dis-concern towards the victims of the barbaric incident. It is also direct encouragement to those who commits such acts by signalling that the UPA Government will protect those who are responsible for such acts.

It is not surprising that the Railway Minister, Shri Lalu Prasad Yadav has already pronounced even before setting of the in house Committee that the Karsevaks, members of the majority community and Sangh parivar, are responsible for the incident on 27th February 2002 at Godhara. It surprises us that a retired Judge of the Supreme Court should consent to head the in house Committee constituted for collateral purposes. We wondered whether the Chief Justice of India was consulted in the matter of appointment of this Committee.

The Commission of Enquiry comprising of Justice G.T. Nanavati and Justice K.G. Shah has already been holding intensive hearings under the Commissions of Enquiry Act. The Terms of Reference of the Justice Nanavati Comission of Enquiry, amongst others, are "to enquire into - the facts, circumstances and the course of events and incidents that led to the setting of fire of some coaches of the Sabharmati Express Train on 27.2.2002 near Godhara Railway Station." The Commission of Enquiry headed by two Justices is already going into these facts. It is holding a transparent public enquiry. It is against this that the terms of reference of the High Powered Committee under Justice U.C. Banerjee "to ascertain as to why the said train, including S-6 coach was overcrowded with passengers, many of whom were without reservations and if their behaviour in any manner contributed to the fire".

The terms of reference is itself loaded and based on the premise that the behaviour of the Karsevaks led to the burning of Coach S-6 of the Sabharmati Express. It seeks to ignore the facts that the detailed investigation of the case by the police has already taken place and the investigation has revealed the details of how two meetings took place in Aman Guest House on 26.2.2002 wherein some of the accused persons conspired to set on fire a bogie of the Sabharmati Express. Two petrol pumps from where 160 litres of petrol was purchased in Godhara have been identified. The persons responsible for the crime have been identified. They are on trial. Their feeble defence is that the fire started from inside the coach and therefore the karsevaks are responsible for the fire. The constitution of this High Powered Committee and its terms of reference are clearly intended to help the accused who had indulged in the barbaric crime of 27th February 2002.

(September 3, 2004)