Gujarat Riots : Supreme Court Takes Note Of SIT Completing Investigation, Disposes Of Pleas Seeking Proper Probe

The Supreme Court on Tuesday disposed of ten petitions, including the ones filed by the National Human Rights Commission, seeking proper investigation in the cases of violence during the 2002 Gujarat riots.

The cases included the transfer petitions filed by NHRC, special leave petitions filed by riot victims and the writ petition filed by NGO Citizens for Justice and Peace during 2003-2004, seeking transfer of investigation from Gujarat police to CBI in the cases of violence which took place in Gujarat following the Godhra carnage of February 2002.

A 3-judge bench comprising Chief Justice of India UU Lalit, Justices S Ravindra Bhat and JB Pardiwala disposed of the cases as infructuous after noting that the Court had constituted a Special Investigating Team for the investigation and prosecution of nine cases related to riots and the trial in eight out of those cases are complete. Senior Advocate Mukul Rohatgi, appearing for the SIT, told the bench that trial in only one matter(out of the nine cases), pertaining to Naroda Gaon area, is still pending and is at the stage of final arguments. In the other cases, trials are complete and the cases are at appellate stage either before the High Court or the Supreme Court.

The bench also noted that Advocates Aparna Bhat, Ejaz Maqbool and Amit Sharma, appearing for the petitioners, fairly accepted the statement of the SIT.

"Since all matters have now become infructuous, this court is of the view that this Court need not entertain these petitions any longer. The matters are therefore disposed off as being infructuous", the bench noted in the order.

The bench further directed :

"It is however directed that the Trial with respect to Naroda Gaon be taken into conclusion in accordance with law and to that extent the Special Investigating Team appointed by this court be certainly entitled to take appropriate steps in accordance with law".

Advocate Aparna Bhat further informed the bench that a plea made by social activist Teesta Setalvad, whose NGO Citizens for Peace and Justice had moved applications in Supreme Court for proper investigation in riots cases, seeking protection was pending. The counsel submitted that she could not get instructions from Setalvad as she is at present under custody in a fresh case registered by the Gujarat Police.

The bench gave liberty to Setalvad to make an application before the concerned authority for relief.

"As regards with protection that was prayed for by Ms. Setalvad, the liberty to her to make an appropriate prayer and move application to concerned authority is granted. As and when such application is made, it shall be dealt with in accordance with law", the bench noted.

With the above observations, the cases were disposed of.

Case Title : National Human Rights Commission versus State of Gujarat TP (Crl) 194-202/2003 and nine other connected cases.