Examine 13 Godhra cases: Supreme Court
Legal Correspondent
thw hindu -12/07/06
http://www.hindu.com/2006/07/12/stories/2006071204211500.htm
| A senior Sessions Judge should do it |
New Delhi : The Narendra Modi Government in Gujarat suffered a setback with the Supreme Court on Tuesday ordering examination of records of 13 Godhra riot cases by a senior Sessions Judge of Delhi to find out whether reinvestigation is to be conducted. A three-Judge Bench, comprising Justice K.G. Balakrishnan, Justice Tarun Chatterjee and Justice D.K. Jain, passed this order on petitions filed by the National Human Rights Commission, Teesta Setalvad and other NGOs seeking reinvestigation by the CBI and to shift the cases for trial outside Gujarat as was done in the Best Bakery case. The cases include four Godhra related incidents; Gulberg Society/Chamanpura; Naroda Patiya and Naroda Gaon; Sardarpura town, Mehsana district; two Panchamahals district cases; Sesan, Banaskantha district; Abasana and cases pertaining to Ode in Anand district. Direction to Registry
The Bench requested the Chief Justice of Delhi High Court to spare the services of an Additional Sessions Judge to examine the records and other materials and give a report to the apex court by August 20 on each of these cases indicating whether reinvestigation was required or not. The Bench directed the Registry to give all assistance to the ASJ on the basis of whose report, it would proceed further to decide whether or not to order reinvestigation and transfer of trial in these cases. The Bench left it open to the ASJ to seek clarification from the counsel for Gujarat, NHRC, NGOs and the accused in respect of these cases and directed listing of the matter for further hearing on August 29. Amicus curiae, Harish Salve, submitted that in all these cases the apex court had stayed the trial in November 2003. He suggested that the CBI should examine the materials and give a report whether reinvestigation was necessary or not. He said since these were sensitive cases, the apex court should decide one way or the other. On behalf of the CBI, Solicitor General G. E. Vahanvati first said that he had spoken to the CBI Director who was personally against taking up investigation of these cases for various reasons including logistics and shortage of staff but said the agency would abide by the Court's order if it was required to conduct the investigation. But later, on instructions he said the Centre and CBI was prepared to assist the Court and if necessary it would conduct reinvestigation. Opposition
Senior counsel, Mukul Rohtagi, appearing for Gujarat strongly opposed the petitioners' plea for reinvestigation. He said transfer of cases could not be decided by the apex court under writ jurisdiction (Article 32) of the Constitution. He said the transfer would be reflection on the State judiciary. The procedure of ordering examination of the materials by a Sessions judge would be contrary to the principles of criminal justice system and against the provisions of the Cr.P.C. "Do we have only the Supreme Court in the country to decide everything?" he asked and said the petitioners should approach the High Court for relief. The Bench intervened and reminded the counsel as to how the magistrates concerned in Gujarat had closed over 2,000 cases mechanically without proper application of mind. The Bench, therefore, said these cases should not be compared with other cases. On a petition from another NGO seeking reinvestigation of 1950 cases recommended to be reopened by a high-power committee, the Bench issued notice to the Gujarat Government and the CBI. |
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"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human personality."
- Dr BR Ambedkar
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