Supreme Court – NHRC Order 11-07-2007
11, Jul 2007
ITEM NO.2 COURT NO.2 SECTION PIL
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
WRIT PETITION (CRL.) NO(s). 109 OF 2003
NATIONAL HUMAN RIGHTS COMMISSION Petitioner(s)
VERSUS
STATE OF GUJARAT & ORS. Respondent(s)
(With appln(s) for directions filed by A.C. And stay and intervention and direction and a note dt. 27.2.04 submitted by A.C. And directions )
WITH
CRL.M.P.NO.10719/2003 IN W.P.(CRL.) NO.109/2003
(FOR DIRECTION)
CRL.M.P.NO.7078/2003 IN W.P.(CRL.) NO.109/2003
(For stay)
CRL.M.P.NO.7827/2003,8193/2003 & 8194/2003 IN W.P.(CRL.) NO.109/2003
(For intervention)
CRL.M.P.NO.11668/2003 IN W.P.(CRL.) NO.109/2003
(For intervention)
CRL.M.P.NO.11689/2003 IN W.P.(CRL.) NO.109/2003
(For directions)
CRL.M.P.NO.4782/2003 IN W.P.(CRL.) NO.109/2003
CRL.M.P.NO.3741/2004 & 3742/2004 IN W.P.(CRL.) NO.109/2003
(For directions)
CRL.M.P.NO.6864/2004 IN W.P.(CRL.) NO.109/2003
(For directions)
CRL.M.P.NO.9236/2005 IN W.P.(CRL.) NO.109/2003
(For intervention/directions)
WITH W.P(CRL.) NO. 118 of 2003
(With appln. For directions and interim relief and exemption from filing O.T. And office report)
T.P.(CRL) NO. 194-202 & 326-329 of 2003
(With appln. For stay and exemption and impleading party and permission to submit/place addl.Documents on record & office report)
W.P(CRL.) NO. 216 of 2003
W.P(CRL.) NO. 284 of 2003
(With office report)
W.P(CRL.) NO. 37-52 of 2002
(With appln. For exemption from filing O.T. and permission to submit/place addl. Documents on record
& office report)
T.P.(CRL) NO. 43 of 2004
(With appln. for stay and exemption from filing O.T. & office report)
SLP(Crl) NO. 4409 of 2003
(Appl. for stay)
SLP(Crl) 5309/2003
(With appln. for c/delay in filing SLP and exemption from filing O.T. & C/C of the impugned judgment
& office report)
T.P.(CRL) NO. 66-72 of 2004
(With appln. For permission to file T.P. And stay and directions and taking addl. Document on record and permission to submit addl. documents)
SLP(C) NO. 7951 of 2002
(With appln. For exemption from filing C/C of the impugned judgment and permission to place addl.
Documents on record)
T.P.(CRL) NO. 233-234 of 2004
(With appln. For stay and office report)
D-W.P(CRL.) NO. D17953 of 2003
(With office report)
Date: 11/07/2006 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE K.G. BALAKRISHNAN
HON’BLE MR. JUSTICE TARUN CHATTERJEE
HON’BLE MR. JUSTICE D.K. JAINFor Petitioner(s) Mr. Harish N. Salve,
Sr. Adv.
Mr. B.V. Desai, Adv. (A.C.)Mr. Rahul Gupta, Adv., Ms. Nupur Kanungo, Adv.
Ms. Meenakshi Grover, Adv.
M/s. Huzefa Ahmadi, Ejaz Maqbool,Nakul Dewan, Vikash Singh, Taruna Singh, Advs.
Petitioner-In-Person
M/S. J.S. Wad & Co., Advs.
Mr. Naveen R. Nath, Adv.
Ms. Shobha,Adv.
Ms. Aparna Bhat, Adv.
Mr. P. Ramesh Kumar, Adv.
Mr. R.K. Banju, Adv.
Mr. L. Nageshwar Rao, Sr. Adv.
Mr. G. Ramaikrishna, Adv.
Dr. K.P.K. Pillai, Adv.
Mr. Md. Wasay Khan, Adv.
Mr. B. Suyodhan, Adv.
Mr. T.S. Venkat Ramana, Adv.
For Respondent(s) Mr. B.B. Singh ,Adv
Mr. Gopal Singh ,Adv
Mr. Ranjan Pandey, Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Ms. Hemantika Wahi ,Adv
Mr. V. Madhukar, Adv.
Ms. Shivangi, Adv.
Dr. Nafis A. Siddiqui ,Adv
Mr. G.E. Vahanvati, SG
Mr. Gopal Subramanium, ASG
Ms. Sandhya Goswami, Adv.
Ms. Sushma Suri ,Adv
Mr. P. Parameswaran, Adv.
Mr. Tara Chandra Sharma ,Adv
Ms. Neelam Sharma, Adv.
State of Sikkim Mr. A. Mariarputham, Adv.
Mrs. Aruna Mathur, Adv.
Ms. Mini N. Nair, Adv.
For M/S Arputham,Aruna & Co.,Advs.
Mr. K.R. Sasiprabhu ,Adv
Mr. Ranjan Mukherjee ,Adv
Mr. V.G. Pragasam ,Adv
Mr. S. Vallinayagam, Adv.
Mr. J.S. Attri ,Adv
Ms. Shivani Thakur, Adv.
Mr. Mukesh K. Giri ,Adv
Mr. Bimal Roy Jad ,Adv
Mr. Radha Shyam Jena ,Adv
Mr. Anil Shrivastav ,Adv
Mr Vinay Kumar Garg ,Adv
Mr. Gopal Prasad ,Adv
Mr. V.N. Raghupathy ,Adv.
Mr. S. Vig, Adv., Mr. Riku Sarma, Advs.
For M/S Corporate Law Group ,Adv
Mr. C.D. Singh ,Adv
Mr. Dhrupad Kashyap,Adv.,
Ms. Minakshi Sarma, Adv.Mr. Ravi Prakash Mehrotra ,Adv
Mr. Manish Kumar, Adv.
For Mr. Ansar Ahmad Chaudhary ,Adv
Mr. L.N. Rao, Sr. Adv.
Mr. Nikhil Goel, Adv.
Dr. Kailash Chand, Adv.
M/s. H.K. Puri,Ujjwal Banerjee,
SK Puri,Priya Puri, V.M. Chauhan, Advs.M/s. D. Bharat Kumar, Anand, Anhijit Sengupta,Advs.
M/s. S. Wasim A. Qadri, Rajeev Kr. Dubey, Rashmi Singh, Kamlendra Mishra, DS Mehra, Advs.
State of Goa Ms. A. Subhashini, Adv.
State of Kerala Mr. K.H. Nobin Singh, Adv.
State of Manipur Mr. P.V. Dinesh, Adv.
State of Arunachal Mr. Anil Shrivastav, Adv.
Pradesh
State of Mizoram Mr. K.N. Madhusoodhanan, Adv.
Mr. R. Sathish, Adv.
State of Chhatisgarh M/s. Atul Jha,Nirmal
Mittal,D.K. Sinha, Advs.UPON hearing counsel the Court made the following
ORDER
About 14 crimes had been registered by the police in the State of Gujarat.
Investigation was conducted and offences triable by the Court of Sessions were found to have been committed and report under Section 173 of Cr.P.C. was filed and some of the cases have already been committed to the Sessions Court and some cases are pending committal proceeding. Meanwhile, some of the persons, who are interested in these cases, filed application for further investigation of the case and they allege that the FIR was not properly recorded and some important witnesses have not been questioned by the police and that there was no proper investigation of these cases. Some of the petitions filed before us by the interested parties it is urged that the trial of these cases should be held in the courts outside the State of Gujarat and they have filed applications for transfer of these cases. The allegations made in these cases as well as in the transfer petitions have been stoutly denied by the State of Gujarat. It is alleged that these persons have filed false affidavits to protract the proceedings and the averments above mentioned contained in these affidavits are not correct.
There are voluminous materials filed in these cases and the main question to be decided is whether these cases have been properly investigated by the police. To find out whether the investigation had been done properly, the records have to be scrutinized and the nature of the objections filed by the interested parties also to be looked into. We require the assistance of an experienced judicial officer who has been conducting such cases especially cases involving serious crimes punishable under the penal code. Unless these materials are scrutinized and a report is given in respect of each case, we may not be able to properly take a decision on this aspect.
Hence we require the assistance of a senior Additional District and Sessions Judge working in the Delhi Judicial Service. We request the Chief Justice of the Delhi High Court to give the assistance of a senior Additional District and Sessions Judge to go through the papers and give a brief report in respect of each case. The services of the Sessions Judge be made available in the week commencing on 17th July, 2006 and his service would be required at least for four weeks. The Registry of this Court will give all assistance to the Additional District and Sessions Judge to verify the papers and he would give a brief report in respect of each case. The Sessions Judge would be at liberty to seek any clarification from the counsel appearing for these parties in these proceedings. The Additional Sessions Judge shall submit his report by 20th August, 2006.
Post the matter on 29th August, 2006.
Issue notice in I.A.No.4485 in SLP(C)3770/03.
The Registrar General to take further steps in the matter and copy of this order be sent to the Acting Chief Justice of the High Court of Delhi with covering letter.
(R.K. Dhawan) Khushi Ram)
Court Master Court Master(Corrected copy of the cases supplied in the Court is enclosed)
