.In the larger interest of justice, it’s necessary that not only justice should be done but it should appear to have been done. It can be hoped that the government will.expeditiously take appropriate decision to increase the confidence of the public in the administration of justice.’’ No, that isn’t the Supreme Court slamming the Modi government last week. That’s the Gujarat High Court in May when some victims filed a criminal complaint that in the Sardarpura riot case—in which 33 people were burnt alive—the public prosecutor was Dilip Trivedi, general secretary of the Vishwa Hindu Parishad (VHP). He continues to be public prosecutor in the case although after the court’s strictures, he was pulled out from another case. Like him, several VHP-affiliated lawyers hold the key to justice for riot victims across the state. ‘Political link won’t reflect on quality of prosecution’ When prosecutors are either VHP members or VHP lawyers, how does this affect the quality of prosecution in the riot cases? The Indian Express posed this question to: • Law Minister Ashok Bhatt: ‘‘If they have any political affiliations, I am sure this will not reflect on the quality of prosecution.’’ • Minister of State For Home Amit Shah: ‘‘I have faith in the judiciary and I do not doubt the quality of prosecution at all.’’ • VHP State General Secretary Dr Jaideep Patel: ‘‘All public prosecutors appointed are highly competent. Is it an offence if a person with political affiliations is a good lawyer and becomes a PP?” When the Gujarat Chief Secretary and the DGP appear in the Supreme Court tomorrow, they may have some explaining to do. Consider this, beginning with Trivedi: Sardarpura: 33 burnt alive on Feb 28; all 46 accused out on bail. A day after they were released, some of them allegedly attacked a mosque. Another FIR was registered, both cases yet to come to trial. The same day as Sardarpura, 11 persons were hacked to death in Dipda Darwaja area of Visnagar. Of the 45 accused, 38 are out on bail. This trial is going on in a fast-track court. Trivedi was appointed by the state government as public prosecutor in both cases. He registered his ‘‘no objection’’ to bail being granted for the Sardarpura accused. When the complainants filed an application in the Gujarat High Court objecting to Trivedi’s role, additional public prosecutor S J Dave said that the government would consider the appointment of a special public prosecutor but it could not give a commitment. Trivedi was removed from the Dipda Darwaja case and replaced with Rajendra Darji, another VHP lawyer. The request for a special public prosecutor to oversee both the cases has, however, not been complied with as yet. Says Dilip Trivedi: ‘‘It is a controversy created by the English media. What is wrong with my appointment as public prosecutor? You see a controversy in everything.’’ Panchmahals: 121 riot FIRs, trial on in 26 cases, not one conviction yet. Public Prosecutor is Piyush Gandhi, president of Panchmahals district VHP unit and a member of the VHP’s lawyers’ panel. When contacted, he shrugs off the question: ‘‘The state government appoints people as public prosecutors who it feels are honest and experienced. No political or organisational affiliations work in this. I am associated with the RSS since 1964. In 1982, I joined the Ram Mandir movement and since 1985 I am president of VHP Panchmahals district unit. The VHP is not a political organisation so I don’t consider mine as a political appointment.’’ Ode, Anand: 27 persons declared missing by police after an attack on the village. Only three confirmed deaths registered in FIR, rest named missing. Case coming up for trial. Public prosecutor P S Dhora’s panel of public prosecutors will handle riot cases in both Anand and Kheda districts. Dhora is a known RSS sympathiser. When asked about this, he said: ‘‘What is new in public prosecutors being political appointees? It has always happened like this. I have been district government pleader for this district since last five years.’’ Vadodara: 603 FIRs; Sanjay Bhatt, one of the newly appointed public prosecutors asked to handle riot cases, is the nephew of VHP city unit president Ajay Joshi and is also a VHP advocate. Incidentally, Joshi defended the 21 accused in the Best Bakery case which is now under SC scrutiny. Said Joshi: ‘‘Is it a crime if Sanjay Bhatt is my nephew? Prosecutors are selected after proper interviews. This system is being followed since the British Raj. You did not object then.’’ Meanwhile, the district government pleader is Raghuvir Pandya, who contesed a municipal election a few years ago with help from the BJP. Said Pandya: ‘‘I have only one thing to say, no comment.’’ Ahmedabad: 942 FIRs, Major cases: 89 killed in Naroda, 39 in Gulbarg As reported in The Indian Express, Chetan Shah who was on the VHP advocate panel for two decades, has been appointed public prosecutor. His team will handle cases of Naroda Patiya and Gulbarg Society. Asked about the appointment, Shah said: ‘‘The state government makes these appointments after considering the experience of merit of candidates. I do not see anything wrong in these appointments.’’
