Sometime back we had some posters recommending theoretical copybook
solutions to the victims of the Orissa carnage without any knowledge of
ground realities. Here are some real examples of justice 'Gujarat style'

Example 1:
Gujarat judge refuses to hear plea against minister
*A Gujarat High Court judge Thursday refused to hear a petition from a
Supreme Court-appointed probe team which challenged the anticipatory bail to
state Minister Maya Kodnani and former Vishwa Hindu Parishad (VHP) leader
Jaydeep Patel in a case of communal violence.

*"Not before me," Justice Anant S. Dave said and added that another judge
would hear the case and the date would be decided later. He did not
elaborate on his remark.

City Sessions Judge A.K. Ashvani granted anticipatory bail to Minister of
State for Higher Education Kodnani and Patel on Feb 5.

The Special Investigation Team (SIT) appointed by the apex court wanted to
question the two in the case of the massacres at Naroda Patiya and Naroda
village on the outskirts of the city on Feb 28, 2002. At least 99 people
were killed in the rioting in the two adjoining places.

Ignoring the SIT summons last month, the two leaders secured anticipatory
bails and became untraceable.
http://news.in.msn.com/national/article.aspx?cp-documentid=1825699

Example 2:
Gujarat: Ex-MLA's bail cancelled
The Supreme Court Tuesday cancelled the bail of former Gujarat legislator
Jayrajsinh Jadeja, who is facing trial in two murder cases and is also
involved in at least 10 other criminal cases.

While cancelling the former Bharatiya Janata Party legislator's bail in two
separate murder cases, a bench of Justices Ashok Bhan and Altmas Kabir came
down heavily on the Gujarat High Court for granting him bail and staying his
prosecution.

The bench set aside the February 2007 order of the high court and ordered
Jadeja to surrender before the trial court in Gujarat within seven days,
failing which, police were to arrest him.

The bench asked the trial court to immediately resume the trial and "take it
up on a day-to-day basis and conclude the same within six months".

The bench also noted that the state's Additional Public Prosecutor (APP)
R.R. Trivedi, who had been entrusted with his trial in the lower court, had
close links with Jadeja and had been derailing the trial.

Jadeja is accused of murdering two people - Nilesh Rayani and Vinodrai
Singla - in 2004 due to enmity and was facing trial in sessions courts of
Gondal and Rajkot in Gujarat.

Censuring a judge of the high court for granting him bail in a murder case,
the bench said: "The learned judge has granted the bail" by an order, which
reads like "an order of acquittal" and touches upon the "merits of the
case".

Censuring another high court judge for granting bail to Jadeja, the apex
court bench said: "The high court has completely ignored the general
principle for grant of bail in a heinous crime of murder, in which the
sentence, if convicted, is death or life imprisonment."

Cancelling Jadeja's bail, the bench said: "It may be mentioned here that
apart from the two present cases of murder, Jadeja has been named in 10
other cases, including another case of murder and five cases of attempt to
murder, in the last 25 years."

Expressing surprise over his "acquittal in most of the old cases for want of
sufficient evidence", the bench said, "This speaks volumes. We refrain from
saying anything further, lest it may prejudice the trial in these two
cases." Ticking off the high court judges for staying Jadeja's trial, the
bench pointed out that only his accomplices were responsible for forcing the
trial court to adjourn the case by their repeated failure to face trial.

Source: IANS
http://news.in.msn.com/national/article.aspx?cp-documentid=1214196

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