Post-Godhra riot: Center unable to have CBI probe Thursday, June 23 2005 10:28 Hrs (IST) - World Time -
New Delhi:
The Center is unable to have CBI investigations into the post-Godhra riot cases including any lapses by the Chief Minister Narendra Modi because the investigating agency has pointed that law and order is a State subject.
Sources said that the matter was examined in the light of allegations made by senior police official R B Sreekumar about "intervention" from the Chief Ministers' office placing hurdles in quick police action during the riots in 2002.
It was felt that the CBI was hampered by the legal position that law and order is a State subject and any probe in this matter was possible only if the State Government gives permission or makes a request.
It was also felt that the official's allegations were contained in a petition before the Central Administrative Tribunal, a quasi-judicial body and virtually sub judice, the sources said.
Under attack from Left parties that not much is being done by the Center in probing the post-Godhra cases, the Center made it clear that it would entrust the investigations in these cases to the CBI if the Gujarat Government makes a request in this regard or if the courts so direct.
It also said that it would support any plea for transfer of cases under trial to courts outside Gujarat.
Suitable instructions have been given to Government counsel to inform the Supreme Court about its stand along these lines as and when the cases come up for hearing before the Apex Court.