24, Feb 2010

February 24, 2010

Gujarat HC notice to SIT

February 24,
2010

The Gujarat High Court issued notice on a criminal revision petition
filed by witness Imtiyaz Khan Pathan urging that three accused, Manish
Splendour (Patel), Mahendra Pukhraj and Jagrupsingh Rajput in the
Gulberg Society Massacre Case. Respondents in the matter are the
Gujarat state and the Special Investigation Team (SIT) headed by Dr RK
Raghavan. Matter will be heard on March 8, 2010. The High Court
however rejected the appeal to arraign ND Parmar and MK Tandon (second
PI and Joint Commissioner of Police 2002) as accused. Despite the
names of five of the accused appearing in affidavits filed before the
Police Commissioner (2002-2003), statements before SIT and in the
depositions before the Trial Court. SIT had submitted an “alibi” for
Jagrupsingh Rajput in defence of not making him an accused. In
depositions of witnesses the roles of Manish Patel is actually using a
sword to kill and Mahendra Pokhraj also instigating a violent mob. Yet
SIT had not arraigned them as accused and neither filed details of
their exemption as accused. The witnesses have alleged that the fact
that both Manish Patel (mother is a BJP corporator) and Jagrup Sing (
a former Mayor) are influential politicians, this has weighed with SIT
in dropping them as accused before the Trial Court.

The matter will now be heard on March 8. On January 6 and 7
eyewitnesses had asked for seven new accused to be arraigned. Judge BU
Joshi had accepted the plea for two, Rajesh Dayaram Jinger and Babu
Marwadi but released them immediately on bail after their arrest. Adv
MM Tirmizi appeared in the High Court, Adv Mihir Desai argued the
matter in the trial court. Adv SM Vora is appearing for the witnesses
before the Trial Court.

Enclosed is a copy of the criminal revision under section 319 of the
CrPC.

Criminal revision under section 319 of the CrPC