Saturday, February 12 2005 10:41 Hrs (IST) - World Time -

New Delhi: Justice U C Banerjee, whose report on the Godhra train blaze termed it "accidental" negating Sangh Parivar's "conspiracy theory", has said he had not examined officers of Gujarat police who had deposed before Nanavati Commission and accused the State Government of not cooperating with him on this count.

"I sent four letters to the police officers in Gujarat. I have recently sent a fifth letter to which they have not replied."

"What has been communicated to me is that they cannot come unless there is a clearance from the Government. I presume their deposition has not been cleared," Banerjee told 'Outlook' magazine.

He was responding to a question whether there was any substance in the charge reportedly levelled by Justice K G Shah of the Nanavati Commission, also probing the Godhra tragedy and subsequent communal riots, that he had not examined officers of the Gujarat police or forensic science experts who had submitted reports to the Nanavati Commission, according to a press release by the magazine.

The retired Supreme Court Judge said he was convinced that the fire inside the train was indeed an "accident".

"From the evidence that I have on record, it is quite impossible that sixty litres of inflammable material could have been thrown into a coach full of kar sevaks with Trishuls who did not react at all," he said adding he had tested the theory himself by throwing water inside the coach from the windows.

"I not only have witnesses and material evidence but also tested the theory myself. I tried to throw water inside a coach from the windows. Only 10 per cent goes in.

"The sequence of events, if the fire was caused by an inflammable liquid as per experts' opinion, is... first there would be fire, then smoke and then there would be burning smell all over," he said.

Almost all the witness who testified say they sensed a burning smell, smoke and then there was fire, he said adding this does not add up to prove the inflammable liquid theory.

Justice Banerjee rejected the theory that the canvas in the vestibule between coaches S-6 and S-7 was cut open and 60 litres of petrol was thrown inside.

Justice Banerjee, who had denied bail to Laloo Prasad in the fodder scam, denied the timing of his report, before the Bihar polls, was to further the RJD (Rashtriya Janata Dal) leader's electoral prospects saying he was not a politician.

"I am not a politician. I do not analyse events and circumstances on the basis of who will draw political mileage out of them. I am not concerned. The term of reference of the Committee clearly say that a report is to be submitted within three months," he said.