Supreme Court – NHRC Order 19-08-2010

19, Aug 2010

ITEM NO.301               COURT NO. 5           SECTION PIL

 

 

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

 

WRIT PETITION (CRL.) NO. 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 dated 27.02.2004 submitted by A.C and office report) (For Final Disposal)

 

WITH

 

CRLMP.NO.10719/2003 IN WP (Crl) No.109/2003

(For directions)

 

CRLMP.NO.7078/2003 IN WP (Crl) No.109/2003

(For stay)

 

CRLMP.NO.7827/2003, 8193/2003 & 8194/2003 IN WP (Crl)No.109/2003

(For intervention)

 

CRLMP.NO.11668/2003 IN WP (Crl) No.109/2003

(For intervention)

 

CRLMP.NO.11689/2003 IN WP (Crl) No.109/2003

(For directions)

 

CRLMP.NO.4782/2003 IN WP (Crl) No.109/2003

(A Note dated 27.02.2004 submitted by Ld. A.C. with regard to entrusting the UOI with responsibility of providing appropriate protection to all the witnesses involved in the major trials in the State of Gujarat (including the Bilkis case) in the manner which they consider appropriate including wherever necessary by resort to the central forces)

 

CRLMP.NO.3741/2004 & 3742/2004 IN WP (Crl) No.109/2003

(For directions)

 

CRLMP.NO.6864/2004   IN WP (Crl) No.109/2003

(For intervention)

 

CRLMP.NO.9236/2005 IN WP (Crl) No.109/2003

(For intervention/directions)

 

CRL.MP NO. 6767 of 2006 In WP(Crl.) No. 109 of 2003

(For directions)

 

CRL.M.P. NO.6767/2006 IN CRL. M.P.NOS. 3741-3742/2004

(For directions)

 

Crl.MP No. 7824 of 2007 In WP(Crl.) No. 109 of 2003

(For directions)

 

Crl.M.P. NOs. 18710 & 18712 In WP(Crl.) No. 109 of 2003

(For impleadment and directions )

 

Crl.M.P. NO. 8392 IN W.P.(Crl.) No. 109 of 2003

(For impleadment on behalf of Sh. Shivanand Jha)

 

CRL.M.P.NOS.4757, 4759-4760 IN W.P. (CRL.) NO.109/2003

(FOR IMPLEADMENT AND DIRECTIONS ON BEHALF OF ILIYAS HUSSAIN

MULLICK)

 

Crl.M.P. No. 13912 IN W.P.(Crl.) No. 109 of 2003

(For permission of modification of Courts’ order dated 14.5.2010

on behalf of citizen for peace and justice & Ors.)

 

W.P(CRL.) NO. 37-52 of 2002

(With appln. for permission to submit additional documents and exemption from filing O.T. and interim directions and permission to place addl. documents on record and directions and exemption from filing O/T/ and office report)

 

Crl.M.P. No. 19816 of 2009 In W.P.(Crl.) Nos. 37-52 of 2002

(For Directions)

 

Crl.M.P. No. 9238 & 9239 of 2010 In W.P.(Crl.) Nos.37-52 of 2002

(For c/d in filing rejoinder affidavit & exemption from filing

O.T)

 

Crl.M.P. Nos. 8187-8188 of 2010 In W.P.(Crl.) Nos. 37-52 of 2002

(For impleadment and intervention)

 

W.P (Crl.) No. D17953 of 2003

(With office report)

 

T.P(Crl.) Nos. 194-202 & 326-329 of 2003

(With appln. for stay and exemption and impleading party and permission to submit additional documents and permission to place addl. documents on record and office report)

 

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)

 

SLP(Crl) NO. 4409 of 2003

(With appln. for stay)

 

SLP(Crl.) No. 5309 of 2003

(with appln. for c/delay in filing SLP and exemption from filing c/c of the impugned judgment and exemption from filing O.T. and office report)

 

W.P(CRL.) NO. 216 of 2003

 

T.P.(CRL) NO. 66-72 of 2004

(With appln. for permission to file T.P. and stay and directions and taking addl. documents on record and permission to submit addl. document(s))

 

T.P.(CRL) NO. 43 of 2004

(With appln. for stay and exemption from filing O.T. and office

report)

 

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.) NOs. 233-234 of 2004

(With appln. for stay and office report)

 

W.P(CRL.) NO. 284 of 2003

(With office report)

 

Crl.M.P. No. 4485 of 2006 In SLP(Crl.) No. 3770 of 2003

(For directions)

 

SLP(Crl.) NO. 1088 of 2008

(With appln. for exemption form filing c/c of the impugned

judgment and permission to place addl. documents on record and directions and office report)

 

Date: 19/08/2010 These Petitions were called on for hearing today.

 

CORAM :

HON’BLE MR. JUSTICE D.K. JAIN

HON’BLE MR. JUSTICE P. SATHASIVAM

HON’BLE MR. JUSTICE AFTAB ALAM

 

 

For Petitioner(s)

WP 109/03             Mr.   Harish N Salve, Sr. Adv. (A.C.)

Mr.   Bhargava V Desai, Adv. (A.C.)

Mr.   Rahul Gupta,Adv.

Mr.   Nikhil Sharma, Adv.

 

Ms. Anita Shenoy, Adv.

 

SLP 1088/08          Mr. Prashant Bhushan, Adv. (A.C.)

 

WP D17953/03           In person

 

Mr. S Udaya Kuamr Sagar, Adv.

Ms. Bina Madhavan, Adv.

for M/s Lawyers Knit & Co., Advs.

 

Mr. Ejaz Maqbool, Adv.

 

Mr. Naveen R. Nath, Adv.

 

Ms. Shobha, Adv.

 

Ms.   Kamini Jaiswal, Adv.

Ms.   Aparna Bhat, Adv.

Mr.   Sanjay Parikh, Adv.

Mr.   P. Ramesh Kumar, Adv.

Mr.   David A., Adv.

 

 

For Respondent(s)

Mr.   Ranjit Kumar, Sr. adv.

Mr.   Tushar Mehta, AAG

Ms.   Hemantika Wahi, Adv.

Ms.   Jeral, Adv.

 

Ms. Sadhana Sandhu, Adv.

Mr. D.S. Mahra, Adv.

 

Mr. C.D. Singh, Adv.

 

Dr. Nafis A. Siddiqui, Adv.

 

Aparna Bhat, Adv.

 

UOI                 Mr.   H.P. Raval, ASG

  1. P.K. Dey, Adv.

Mr.   Raghenth Basant, Adv.

Mr.   S.N. Terdal, Adv.

Mr.   P Parmeshwaran, Adv.

Ms.   Sushma Suri, Adv.

 

Mr. V.N. Raghupathy, Adv.

 

State of Bihar/     Mr. Gopal Singh, Adv.

Tripura             Mr. Rituran Biswas, Adv.

Mr. Manish Kumar, Adv.

 

 

Pondicherry         Mr. V.G. Pragasam, Adv.

Mr. S.J. Aristotle, Adv.

Mr.Prabu Rama Subramanian, Adv.

 

Mr. Naresh Kr. Sharma, Adv.

 

Mr. Gopal Prasad, Adv.

 

Mr. Bimal Roy Jad, Adv.

 

M/s. Corporate Law Group, Advs.

 

Mr. Ravindra Kr. Adsure, Adv.

 

Mr. Ravi Prakash Mehrotra, Adv.

 

Mr. T.V. George, Adv.

 

Orissa               Mr. Radha Shyam Jena, Adv.

Mr. T.K. J. Samanta, Adv.

 

Mr. A Mariarputham, Sr. Adv.

Mrs. Aruna Mathur, Adv.

Mr. Amarjit Singh Girsa, Adv.

for M/s. Arputham, Aruna & Co., Advs.

 

Mr.   Vikas Singh, Sr. Adv.

Mr.   Braj Mishra, Adv.

Mr.   Abhishek Yadav, Adv.

Mr.   Vikram, Adv.

 

Mr. Tara Chandra Sharma, Adv.

Ms. Neelam Sharma, Adv.

 

Mr. K.R. Sasiprabhu, Adv.

 

Mr. Ansar Ahmad Chaudhary, Adv.

 

Mr. Ranjan Mukherjee, Adv.

 

WP 109/03           Mr. Anil Shrivastav, Adv.

State of Arun.P.     Mr. Rituraj Biswas, Adv.

 

Mr. D.K. Sinha, Adv.

 

Mr. Naveen R Nath, Adv.

 

Ms. Anita Shenoy, Adv.

 

Mr. Sanjay R Hegde, Adv.

 

Mr. KH. Nobin Singh, Adv.

 

Mr. R Satish, Adv.

 

Mr. P.V. Dinesh, Adv.

 

Ms. Jyoti Mehndiratta, Adv.

 

Mr. S.N. Bhat, Adv.

 

Dr. Kailash Chand, Adv.

 

Mr. Sanjay Jain, Adv.

 

Mr. Rashmikumar Manilal Vithlani, Adv.

 

M/s Parekh & Co, Advs.

 

Dr. Meera Agarwal, Adv.

 

Mr. Annam D.N. Rao, Adv.

 

Mr. Manjit Singh, Adv.

Mr. Kamal Mohan Gupta, Adv.

 

WP 109/2003             Dr.   Manish Singhvi, AAG for Rajasthan

Mr.   D.K. Devesh, Adv.

Mr.   Milind Kumar, Adv.

Mr.   Sahil S. Chauhan, Adv.

 

CRLMP 18710 &

18712 in WP 109/03       Mr. D.N. Ray, Adv.

(applicants)             Mr. Lokesh K. Choudhary, Adv.

Ms. Sumita Ray, Adv.

 

Mr. K.N. Madhusoodhanan, Adv.

Mr. R. Sathish, Adv.

 

U.P.                     Mr.   Shail Kr. Dwivedi, AAG

Mr.   Manoj Kr. Dwivedi, Adv.

Mr.   S.K. Dwivedi, Adv.

Mr.   G. Venkateswara Rao, Adv.

Mr.   R.P. Mehrotra, Adv.

 

UPON hearing counsel the Court made the following

ORDER

 

W.P. (CRL.) NO. 109/2003

 

Order dated 14th May, 2010, on the communication dated 11th May, 2010 received from the office of the Chairman, Special Investigation Team, was passed in the Chambers, when learned counsel for the parties were not   present.

 

However, inadvertently, in the said proceedings for that date presence of the counsel has been recorded.       We order that in the proceedings dated 14th May, 2010, names of the counsel shall be treated as deleted and the proceedings shall stand corrected to that extent.

 

A progress report dated 5th August, 2010 regarding the nine under-trial cases investigated by the SIT, for the quarter ending July, 2010 has been filed by the Chairman, Special Investigation Team. The same is taken on record. A copy of the said report shall be supplied to Mr. Harish N. Salve, the learned Amicus Curiae. In the progress report, relating to Sessions Cases registered at Meghaninagar, Police Station 1 (CR NO. 67/2002), the   Supervisory Officer has commented that Mr. R.C. Kodekar, the Special Public Prosecutor had complained to him that Ms. Teesta Setalvad had spoken with him from her Mobile in connection with some court proceedings in a threatening tone. Ms. Teesta Setalvad is present in Court. While admitting that she did have a talk with Mr. Kodekar, states that it was in connection with the complaint of a victim and not on the subject referred to in the report. In view       of the explanation furnished, we do not propose to pursue the matter further. Nevertheless, we direct that henceforth     nobody,except the Chairman or the Members of the SIT, will be in contact with the Special Public prosecutors appointed         under the directions of this Court to conduct trials in various cases. Similarly, if the Public Prosecutors want some inputs or face any difficulty, they can get in touch only with the Chairman, SIT, for redress of the same.

 

A letter has been received from one Mr. Jaspal Singh, IPS (retired), seeking certain directions.       No such letters can be entertained.

 

Accordingly, we decline to take cognizance of the said letter.

 

CRL. M.P. NO. ……/2010 IN W.P. (CRL.) NO. 109/2003

 

We do not find any ground to modify our order dated 14th May, 2010. The application is dismissed accordingly.

 

Crl.M.P. No. 13912 IN W.P.(Crl.) No. 109 of 2003

 

In view of order in the unnumbered application in W.P. (Crl.) No.109 of 2003, no further orders are called for in this application.

 

The same stands disposed of accordingly.

 

SLP (CRL.) NO. 1088 OF 2008

 

Pursuant to the order passed by this Court on 27th April, 2009, an inquiry report has been submitted by Shri A.K. Malhotra, a member of the

 

Special Investigation Team (SIT). The report is accompanied by the comments of the Chairman, SIT.

 

Let a copy of the inquiry report as also the comments of the Chairman be supplied to Mr. Prashant Bhushan,the learned Amicus Curiae appointed to assist us in the case, in a sealed cover. In the meantime, the SIT may proceed with further investigations as suggested in the report.

 

A letter has been received from Shri Ashish Bhatia, Inspector General of Police and Convener and Member of SIT,     seeking clarification/ direction as to whether the statement of Shri Narendra Modi, Chief Minister of Gujarat, recorded by the SIT during the course of investigation ordered by this Court be produced before Justice Nanavati and Justice Mehta Commission of Inquiry, pursuant to their   communication dated 12th May, 2010.

 

We order that the said statement shall not be supplied to the said Commission. We further direct that the     SIT shall not divulge any information collected by it during the course of investigations, directed by this Court to anyone, except to the trial Court and the Public Prosecutor concerned, if such an occasion arises, without the leave of this Court.

 

List for further orders on 30th September, 2010 at 2.00 p.m.

 

An intimation has been received from Mr. R.K. Raghavan, Chairman, SIT about the joining of Shri Y.C.      Modi, I.P.S. as member of the SIT pursuant to our order dated 14th May, 2010.

 

However, in the said letter, it is pointed out that another officer, namely, Dr. K. Venkatesam from the Maharashtra cadre, who has also been selected to join the    SIT, has not yet been relieved by the State of Maharashtra.     Mr. Raghavan, who is present in Court, states that as per his information, the Government of Maharashtra is not willing to relieve the said officer. Under the circumstances, let a notice issue to the State of Maharashtra through Secretary (Home) to show cause as to why a direction be not issued to them to relieve the said officer to join the Special Investigation Team, constituted   by this Court.

 

Response to the notice shall be filed within a week.   List for further directions after one week at 3.45 p.m.

 

CRL. M.P. NO.21849 IN SLP (CRL.) NO.1088/2008

 

List on 30th September, 2010.

 

CRL. M.P.Nos.17620-17621/2010

 

Let both the applications stand over for the time being.

 

Crl.M.P. No. 19816 of 2009 In W.P.(Crl.) Nos. 37- 52 of 2002

 

Pursuant to our order dated 6th May, 2010, Mr. A.K. Malhotra, Member, SIT, has examined the police   records   in   the possession of the SIT and has submitted a report about the veracity of the explanation given by the SIT on each of the points raised in the application.     Let a copy of the said report along with the conclusions drawn by Mr. A.K. Malhotra, be supplied to Mr. Harish N. Salve, the learned Amicus Curiae.

 

List on 30th September, 2010.

 

All the reports shall be kept in sealed covers.

 

 

 

(VINOD LAKHINA)                       (KUSUM GULATI)

Court Master                         Court Master

 

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