That the Narendra Modi-led BJP government in Gujarat had been totally inactive and negligent towards taking measures to maintain law and order and douse the raging fire of communal riots in 2002 that caused massive destruction of lives and properties, including religious places, of Muslims in different parts of the State, stands a proven fact once again with the Feb. 8 historic and landmark verdict of Gujarat High Court. Not to say of controlling the fast worsening situation, the Modi dispensation rather planned and supervised the riots, as has been concluded by various civil and human rights bodies. Modi and his coterie were in fact fiddling while Gujarat was burning.
A Division Bench of Acting Chief Justice Bhaskar Bhattacharya and Justice J.B. Pardiwala came down rather heavily upon the Modi government for “inaction and negligence” on its part during the pogrom that led to large-scale damage or destruction of Muslim religious places, 70 per cent of which are mosques.
The Court also deprecated the State Government’s defiance of not placing the National Human Rights Commission Report before the State Legislative Assembly. The NHRC had categorically held that there was failure and inaction on the part of the State Government to protect the human and fundamental rights of citizens during the communal riots.
To ensure time-bound action in the desired direction, the Court ordered compensation for repairing and/or reconstruction of over 500 (572, to be exact) damaged or destroyed religious places in the State. It emphatically observed that when the government had paid compensation for destruction of houses and commercial establishments, it should also pay compensation for religious places. The Court did not rely on the State machinery to implement the order, rather asked the principal judges of 26 districts of the State to receive the applications for compensation of religious places in their respective districts, decide on it, and send their decisions to the High Court within six months. This in itself is a sort of smart slap on the defiant face of the State Government.
The HC verdict can be seen as a significant milestone in delivering justice to the victims of Gujarat riots. It has restored once again citizens’ faith and confidence in judiciary, which is in fact the last hope for the persecuted and victimised. Let us hope against all hope that at least now good sense will prevail upon the powers-that-be in the State and they will help implement the Court order in letter and spirit by repairing and rebuilding the damaged or destroyed religious places without throwing any spanner in the process of justice delivery.