A bench headed by Chief Justice P Sathasivam said that the incidents of communal clashes and subsequent violence could have been prevented by the Samajwadi Party-ruled government if the intelligence agencies had detected these problems.
"Had the Central and State intelligence agencies smelt these problems in advance and alerted the District Administration, the unfortunate incidents could have been prevented. Thus, we prima facie hold the State government responsible for being negligent at the initial stage in not anticipating the communal violence and for taking necessary steps for its prevention," it said.
It passed a slew of directions for proper investigation in the cases and directed the government to bring to book all accused irrespective of their caste, religion and political affiliation.
The court said that CBI or SIT probe cannot be directed at this stage in view of various steps taken by the state government including the setting up of Special investigation Cell.
"In the light of various steps taken by the State, facts and figures, statistics supported by materials coupled with the various principles enunciated in the decisions referred above, we are of the view that there is no need to either constitute SIT or entrust the investigation to the CBI at this juncture.
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