Lately Justice Nanavati Commission and the official inquiry commission of Gujarat are very much in the news. Initially Justice Nanavati went onto state that there was no serious lapse in controlling the communal clashes. He went on to state that there is no evidence against the Bajarang Dal and VHP workers in participating and instigating riots. There were news items that Best bakery core witnesses have turned hostile, some poor Muslims were made to depose in camera and also in heavy presence of police officials praising the role of police in protecting them, of PUCL-Vadodara Shanti Abhiyan boycotting the commission and a delegation led by senior Gujarat journalist and Human Rights activist Digant Oza submitting a memorandum drawing the attention of NHRC to the gross violation of Human rights of minorities in Gujarat and of the need to restrain the Gujarat Govt. In its acts of commission and omission in the violations of the very elementary democratic rights of minority communities.

Why is one trying to ensure that truth comes out through the official inquiry commission? We already know of the many a well-done citizen's inquiries, which have brought out the truth about the Gujarat carnage. Also we know the fate of inquiry commissions. By and large so far most of the inquiry commissions have been kept in the cold storage and different Governments have found the ways to put a lid on them. In post independent India many a serious riots have broken out and many a path breaking inquiry commissions have established the role of Sangh Parivar in spreading communal venom, in coordinating the process of violence. Some of this has been well summed up in "Who Casts the First Stone?" by Teesta Setalvad (Communalism Combat, March 1998). The inquiry commissions of Jagmohan Reddy, Madon, Vythyathil, Bhaglpur have brought the truth behind the riots and these commissions also give an indication about the anatomy of the communal violence. Contrary to the popular notion that it is Muslims who start the riots and then Hindus retaliate most of the inquiry commissions have brought forward the fact that the organizations linked to RSS generally create a situation in which minorities are cornered to throw the first stone. The Shrikrishna commission report, which probably is one amongst the best of the inquiry commission reports brings forward the role of Shiv Sena an BJP ally, another outfit operating in the name of Hindutva. Shiv Sena not only initiated the riot but also coordinated the ongoing violence, which went on and on till the bomb blasts took place.

Shrikrishna Commission indisputably showed that the incidents began with the victory procession by Shiv Sena even as the demolition was going on, was the first provocative act. These were followed by the murder of Mathadi workers and later burning of Bane family. Following the burning of Bane family Mr. Thackeray gave call to Hindus to be aggressive. Later investigations showed that the Muslim youth who were implicated in the burning case were exonerated by the court as the evidence was neither sufficient neither fool proof. In a way it was a cooked up case, it was a pretext to unleash the violence.

Gujarat is different cup of poison by now. The Godhra incident, there is no evidence what so ever as to who did it, was used as a pretext to unleash the anti-Muslim program. Multiple factors contributed to Modi's project of butchery. The communalization of state apparatus being done by BJP govt and the communalization of society being done by VHP, Bajrang Dal, Vanvasi Kalyan ashram is by and large total by now. The hatred for minorities is complete, and their ghettoisation and intimidation has crossed the boundaries of comfortable survival in a civic society. It is nobody's case that a proper investigation would solve the problem. But the whole process of investigation shows the deep fascisisation of society in Gujarat. Immediately after the riots, and even during the riots, the police refused to act as per the norms of democracy and administration. It refused to file the FIRs. In Gujarat we saw for the first time that riot could go to the abominable levels, as there was not a single check on the state machinery. Right from the state home Minister to state Chief Minister to the state Governor to the central home minister to the Prime Minister all were trained swayamsevaks of RSS. Each was doing their own bit in ensuring that the polarization needed for BJP to win the next elections is supported and that's how this became the worst ever riot in Independent India. Than came the role of police in general, which participated in the process abandoning all the norms of decency and duty.

After the riots the local people put the condition to the Muslims that they will be allowed to return to their homes if they withdrew the FIRs in case they have been filed and with an undertaking not to file the FIRs. The civic groups and citizens tribunal showed without any doubt about the role of state machinery and police in aiding and abetting the riots. It was a state sponsored riot so to say. As the state is totally in the grip of Sangh Parivar, the wall of hatred is sealing the borders between the two communities and boycott of Muslims in employment and trade is being close to total. It is in this situation that police finds it easy to tutor the witnesses. Best Bakery witness turning back on their earlier statement may be a result of multiple factors. To begin with a simple realization that in such a ghettoized atmosphere it may not be possible to socially survive while giving the witness against the authorities and the political elements. Second may be a more direct threat from different sources to keep shut. The Vadodra episode where police has taken the witnesses to depose needs no explanation. The ultimate reality is that of survival. Compromising with hostile forces is the compulsion of the socially weak and deprived sections. Modi Govt. is taking full advantage of its grip on the mechanisms of civic society to ensure the suppression of truth. So far at least truth used to come out after the riots. Now even the unearthing, rather recording of truth has also become impossibility.

Can the boycott of this commission help the matters? One realizes boycott of the commission is an act of frustration and an act of helplessness. Can something more proactive be undertaken to ensure that the first step of 'punish the guilty', the unearthing of truth is accomplished? National Human Rights commission can intervene probably. Also since Justice Nanavati is acting more as a handmaiden of the butchers of Gujarat, it may be better to dissolve this commission and appoint another one with the advice of NHRC? This is again a utopian thought. The central Govt., which can provide check and balance, itself is fully backing Modi and his administration in burning the truth. Can we look forward to the President to provide some sane step in this direction? Can the Supreme Court step in response to Public Interest Litigation or Suo motto to ensure that the present commission, which is a blot on the judicial process is suspended and more objective judges put in the commission.

But what about the restraint on the police and Sangh Parivar? Can they be restrained? It is close to unthinkable at least in Gujarat, which is the First Laboratory of Hindu Rashtra. This Laboratory has a furnace to burn the concept of Human Rights to the ashes! Here can one think of civic intervention, legal intervention at social level? Legal activism to protect the very existence of weaker sections of society is as much needed as the intervention from the top to set the things right. But it is a tall order. Can legal brains pool together their energies to protect the civilians? Does the concept make sense? In the bleak and dismal scenario the hope may come from the social movements and protests from all over the country and the globe to bring in the process of law and civic sense in the state where communal divide is threatening the very existence of democratic norms. Along with short-term measures we also have to think of long-term measures to overcome the stifling hold of sectarian political ideology, which has been at the root of social discord.