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NHRC: Commission inquiry not a bar to CBI probe

Legal Correspondent

Tehelka tapes under the scanner

New Delhi: The Nanavati Commission of Inquiry probing the Gujarat riots is not a bar for the National Human Rights Commission to direct a CBI probe into the authenticity of the Tehelka tapes, said the order passed by the NHRC.

The Commission, comprising Justice S. Rajendrababu, chairperson, and members Justice Y. Bhaskar Rao, R.S. Kalha, and P.C. Sharma, said its jurisdiction under the Protection of Human Rights Act was not taken away because of the inquiry by the Nanavati and Justice Shah Commission.

It said “the ghosts of post-Godhra violence in Gujarat never seem to die. On October, 25, 2007, Aaj Tak telecast a programme captioned ‘Operation Kalank’ which brought out more skeletons. The programme included the confessions of some persons who implicated themselves and also many State functionaries of Gujarat in the unleashing of violence on the minority community. The revelations bode ill for the future of human rights in the country.”

“Therefore, the Commission, which is already seized of the unfortunate episode since March, 1, 2002, decided to direct a CBI investigation regarding the authenticity of the tapes and the allegations made therein and advised the Gujarat government to communicate its consent for CBI investigation to the Central government and the Commission.”

The order said:

“A Commission constituted under the Commissions of Inquiry Act is in the nature of an administrative body and its role is not that of a quasi judicial body as in the case of the NHRC or the State Commission. The tenure of an inquiry commission comes to an end as soon as the appropriate government declares that the inquiry commission shall cease to exist.

“The Human Rights Commission is, on the other hand, a creature of the Statute and its life is not at the mercy of any government. Thus, the Human Rights Commission is vested with a moral authority to secure the compliance of its recommendations with the aid of public opinion. The pendency of criminal cases in the courts and transfer petitions in the Supreme Court can also not operate as bar to the jurisdiction of the Commission.”

The NHRC made it clear that since CBI was an investigation agency of the Central government, it was only required to ask the Centre to give its concurrence to lend the services of the CBI and it was not legally bound to obtain the concurrence of the Gujarat government.

“The objections regarding jurisdiction have been found to be untenable and misplaced. Therefore, the decision to direct a CBI investigation is hereby reiterated,” the NHRC said and expressed the hope that the Gujarat government would render all cooperation.

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