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Sabrang Team
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PRESS RELEASE
NHRC decides to move the Supreme Court in Best Bakery case
Transfer application also moved in respect of 4 other serious cases
New Delhi, 31/07/2003
In response to
repeated requests from representatives of the print and electronic
media regarding the action being taken by the Commission in the Best
Bakery case, the Commission would like to state the position which
is as follows:
Deeply concerned about the damage to the credibility of the criminal
justice delivery system and negation of human rights of victims, the
National Human Rights Commission, on consideration of the report of
its team which was sent to Vadodara, has today filed a Special Leave
Petition under Article 136 of the Constitution of India in the
Supreme Court with a prayer to set aside the impugned judgement of
the Trial Court in the Best Bakery case and sought directions for
further investigation by an independent agency and retrial of the
case in a competent court located outside the State of Gujarat.
The NHRC has, inter-alia, contended in the SLP that
· The concept of fair trial is a constitutional 'imperative and is
explicitly recognized as such in the specific provisions of the
Constitution including Articles 14, 19, 21, 22 and 39A of the
Constitution as well as the various provisions of the Code of
Criminal Procedure 1973 (Cr.P.C).
· The right to fair trial is also explicitly recognized as a human
right in terms of Article 14 of the International Covenant on Civil
and Political Rights (ICCPR) which has been ratified by India and
which now forms part of the statutory legal regime explicitly
recognized as such under Section 2(1)(d) of the Protection of Human
Rights Act, 1993.
· Violation of a right to fair trial is not only a violation of
fundamental right under our Constitution but also violative of the
internationally recognized human rights as spelt out in the ICCPR to
which India is a party.
· Whenever a criminal goes unpunished, it is the society at large
which suffers because the victims become demoralized and criminals
encouraged. It therefore, becomes duty of the Court to use all its
powers to unearth the truth and render justice so that the crime is
punished.
· It is, therefore, imperative in the interests of justice for the
Hon'ble Supreme Court, in exercise of its powers under Article 142
of the Constitution, to lay down guidelines and directions in
relation to protection of witnesses and victims of crime in criminal
trials which can be adhered to both by the prosecuting and law
enforcement agencies as well as the subordinate judiciary. This is
essential in order to enhance the efficacy of the criminal justice
delivery system.
The Commission has also filed a separate application under Section
406 Cr.P.C. before the Supreme Court for transfer of four other
serious cases, namely, the Godhra incident, Chamanpura (Gulburga
society) incident, Naroda Patiya incident and the Sadarpura case in
Mehsana district, for their trial outside the State of Gujarat.
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