10-15-2006, 09:29 AM
<b>Setback to Lalu, HC rules pet Banerjee probe illegal</b>
RK Misra | Gandhinagar
The Pioneer
Oct. 14, 2006
The Union Railway Ministry initiated UC Banerjee committee which probed aspects
of the <b>Godhra train carnage has been declared as illegal and unconstitutional</b> by the Gujarat High Court on Friday marking a stunning setback for the UPA
Government in general and Union Railway Minister Lalu Prasad in particular.
In his order, Justice DN Patel has restrained the Centre from use of the report
and also from it being tabled in Parliament.
Reacting to the judgement, State Chief Minister Narendra Modi said the panel had
been set up with the express purpose of saving those involved in the Godhra
carnage and demanded the resignation of all those who had any role to play in
this affair. He also demanded the UPA Government apologise to Parliament and
hoped the judgement would come as a soothing balm for the next of kin of all
those who lost their lives in this incident.
The order upheld the contention of Neelkanth Bhatia, one of the survivors of the
carnage who challenged the constitution of the Banerjee Committee on the ground
that a duly constituted Nanavati-Shah Commission was already probing the matter
and that Section 3 of the Commissions of Enquiry Act prohibited the appointment
of a new commission when another commission was already inquiring the matter.
The Nanavati-Shah commission appointed by the Gujarat Government is already
examining the Godhra train carnage and the Statewide communal riots that
followed thereafter.
It was of the opinion that the Railway Ministry and the <b>Central Government had
no jurisdiction to issue the September 2, 2004, notification appointing the
Banerjee Committee and its constitution was "unconstitutional, illegal and null
and void".</b>
The High Court observed that neither under the Commission of Inquiry Act nor
under the Indian Railways Act, the Railway Ministry was authorised to appoint
another committee to inquire into the same matter for which a judicial inquiry
commission was appointed.
The matter had came up before the division bench of the High Court after the
single-judge Bench put restrictions on placing of the report before Parliament
and on its publication. After the order of the Bench, the matter went back to
the single-judge Bench for hearing the case.
The court also did not entertain the plea that the Centre had jurisdiction in
any inter-State matters as the train had passed through more than one State
pointing out that such powers were vested in the Centre in appointing an
inquiry commission and not a high-level committee. <b>The court also termed as a
colourable exercise with malafide intentions the subsequent upgradation of the
committee to a commission.</b>
Justice Patel also took exception To the way its interim report was submitted
just two days before the Bihar elections and the amount of publicity given to
it for apparent political advantages. The court also flayed the Banerjee
committee's interim report describing the fire in the coach as "accidental,
possibly caused by short circuiting." <b>He felt that the Banerjee report
was "contrary" to the "facts" available to the court and also the "admission" by
the Railway Accident Claim Tribunal.</b>
Two bogies of the Sabarmati Express on it's way to Ahmedabad were attacked and
set on fire at the Godhra railway station on February 27,2002 leading to the
death of 58 passengers all belonging to the majority community. The incident
triggered of statewide communal riots in Gujarat.The Nanavati-Shah commission
was appointed by the Narendra Modi Government to probe the train carnage and
the riots that followed while the UC Banerjee committee was set up by the Union
Railway Ministry in September 2004, reportedly to probe the safety aspects after
the UPA Government came to power at the Centre.
The Banerjee panel was subsequently upgraded to the level of a full-fledged
enquiry commission.
In fact the two panels were themselves at loggerheads with the Nanavati-Shah
Commission summoning the records of deposition from the UC Banerjee Committee and the latter taking the stand that the summons issued to it was in fact
addressed to the High Level Committee which no longer exists and has become a
Commission through a notification dated December 2,2005.
Now the Banerjee Commission and the Nanavati Commission are of equal status and have the powers of a civil court under Section 4 of the Act.
Even earlier, the High Court had rejected the Railway Ministry's plea seeking
vacation of the stay on tabling of the UC Banerjee Commission report in
Parliament, till the matter was concluded. It also observed prima facie that
the Railway ministry had no powers to set up such a committee.
The division Bench of Justices MS Shah and SG Dave had rejected the appeal of
the Ministry and ordered that the Commission's report cannot be tabled in
Parliament till the final hearing of the matter is not concluded in April.
RK Misra | Gandhinagar
The Pioneer
Oct. 14, 2006
The Union Railway Ministry initiated UC Banerjee committee which probed aspects
of the <b>Godhra train carnage has been declared as illegal and unconstitutional</b> by the Gujarat High Court on Friday marking a stunning setback for the UPA
Government in general and Union Railway Minister Lalu Prasad in particular.
In his order, Justice DN Patel has restrained the Centre from use of the report
and also from it being tabled in Parliament.
Reacting to the judgement, State Chief Minister Narendra Modi said the panel had
been set up with the express purpose of saving those involved in the Godhra
carnage and demanded the resignation of all those who had any role to play in
this affair. He also demanded the UPA Government apologise to Parliament and
hoped the judgement would come as a soothing balm for the next of kin of all
those who lost their lives in this incident.
The order upheld the contention of Neelkanth Bhatia, one of the survivors of the
carnage who challenged the constitution of the Banerjee Committee on the ground
that a duly constituted Nanavati-Shah Commission was already probing the matter
and that Section 3 of the Commissions of Enquiry Act prohibited the appointment
of a new commission when another commission was already inquiring the matter.
The Nanavati-Shah commission appointed by the Gujarat Government is already
examining the Godhra train carnage and the Statewide communal riots that
followed thereafter.
It was of the opinion that the Railway Ministry and the <b>Central Government had
no jurisdiction to issue the September 2, 2004, notification appointing the
Banerjee Committee and its constitution was "unconstitutional, illegal and null
and void".</b>
The High Court observed that neither under the Commission of Inquiry Act nor
under the Indian Railways Act, the Railway Ministry was authorised to appoint
another committee to inquire into the same matter for which a judicial inquiry
commission was appointed.
The matter had came up before the division bench of the High Court after the
single-judge Bench put restrictions on placing of the report before Parliament
and on its publication. After the order of the Bench, the matter went back to
the single-judge Bench for hearing the case.
The court also did not entertain the plea that the Centre had jurisdiction in
any inter-State matters as the train had passed through more than one State
pointing out that such powers were vested in the Centre in appointing an
inquiry commission and not a high-level committee. <b>The court also termed as a
colourable exercise with malafide intentions the subsequent upgradation of the
committee to a commission.</b>
Justice Patel also took exception To the way its interim report was submitted
just two days before the Bihar elections and the amount of publicity given to
it for apparent political advantages. The court also flayed the Banerjee
committee's interim report describing the fire in the coach as "accidental,
possibly caused by short circuiting." <b>He felt that the Banerjee report
was "contrary" to the "facts" available to the court and also the "admission" by
the Railway Accident Claim Tribunal.</b>
Two bogies of the Sabarmati Express on it's way to Ahmedabad were attacked and
set on fire at the Godhra railway station on February 27,2002 leading to the
death of 58 passengers all belonging to the majority community. The incident
triggered of statewide communal riots in Gujarat.The Nanavati-Shah commission
was appointed by the Narendra Modi Government to probe the train carnage and
the riots that followed while the UC Banerjee committee was set up by the Union
Railway Ministry in September 2004, reportedly to probe the safety aspects after
the UPA Government came to power at the Centre.
The Banerjee panel was subsequently upgraded to the level of a full-fledged
enquiry commission.
In fact the two panels were themselves at loggerheads with the Nanavati-Shah
Commission summoning the records of deposition from the UC Banerjee Committee and the latter taking the stand that the summons issued to it was in fact
addressed to the High Level Committee which no longer exists and has become a
Commission through a notification dated December 2,2005.
Now the Banerjee Commission and the Nanavati Commission are of equal status and have the powers of a civil court under Section 4 of the Act.
Even earlier, the High Court had rejected the Railway Ministry's plea seeking
vacation of the stay on tabling of the UC Banerjee Commission report in
Parliament, till the matter was concluded. It also observed prima facie that
the Railway ministry had no powers to set up such a committee.
The division Bench of Justices MS Shah and SG Dave had rejected the appeal of
the Ministry and ordered that the Commission's report cannot be tabled in
Parliament till the final hearing of the matter is not concluded in April.