Supreme Court – NHRC Order 26-08-2014
26, Aug 2014
ITEM NO.301 COURT NO.2 SECTIONS PIL,
XVIA, IX, IIB, X
S U P R E M E C O U R T O F I N D I A
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,impleading party,
intervention,modification of Court’s Order,exemption from
filing O.T.,impleadment and office report )(For Final Disposal)
WITH
W.P(CRL.) NO. 37-52 of 2002
(With appln.(s) for amendment of the petition and c/delay in filing rejoinder and c/delay in filing reply and directions and exemption from appointment of official translator and exemption from filing O.T. and impleadment and interim directions and permission to file additional affidavit and permission to file additional documents and permission to submit additional document(s) and office report)
SLP(C) NO. 7951 of 2002
(With appln.(s) for exemption from filing c/c of the impugned judgment and permission to place addl.documents on record)
W.P(CRL.) NO. 118 of 2003
(With appln.(s) for directions and interim relief and exemption from filing O.T. and office report)
T.P.(CRL) NO. 194-202 of 2003 & 326-329 of 2003
(With appln.(s) for bail and directions and exemption from
filing O.T. and impleading party and permission to file
affidavit and permission to place addl. documents on record and permission to submit addl. documents and stay and office
report)
W.P(CRL.) NO. 216 of 2003
W.P(CRL.) NO. 284 of 2003
(With office report)
SLP(Crl) NO. 4409 of 2003
(With appln.(s) for stay)
W.P(CRL.) D NO.17953 of 2003
(With office report)
T.P.(CRL) NO. 43 of 2004
(With appln.(s) for stay and exemption from filing O.T. and
office report)
T.P.(CRL) NO. 66-72 of 2004
(With appln.(s) for permission to file T.P. and stay and
directions and taking addl.documents on record and permission to submit addl.documents)
SLP(CRL.)NO.5309/2003
(With appln.(s) for c/delay in filing SLP and exemption from filing c/c of the impugned judgment and exemption from filing O.T. and directions and exemption from appointment of official translator and office report)
T.P.(CRL.)NOS.233-234/2004
(With appln.(s) for stay and office report)
Date:26/08/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. DATTU
HON’BLE MRS. JUSTICE RANJANA PRAKASH DESAI
HON’BLE MR. JUSTICE M.Y. EQBAL
Mr. Harish N Salve, Sr. Adv. (A.C.)
Mr. Bhargava V Desai, Adv. (A.C.)
For Petitioner(s)/
Respondent(s) Ms. Anitha Shenoy,Adv.
Ms. Shobha, Adv.
Mr.Mrigank Prabhakar, Adv.
Mr. Ejaz Maqbool, Adv.
Ms. G. Indira, Adv.
Mr. Naveen R. Nath, Adv.
M/S. Lawyer’S Knit & Co, Advs.
In-Person (NP)
Ms. Aparna Bhat, Adv.
Ms. Priyambabda Mishra, Adv.
Ms. Tanima Kishore, Adv.
Mr. P. Ramesh Kumar, Adv.
Mr. Mukesh K. Giri,Adv
Mr. Ansar Ahmad Chaudhary,Adv
Mr.Khwairakpam Nobin Singh,Adv
Mr. Ranjan Mukherjee,Adv
Mr. Gopal Singh,Adv.
Mr Vinay Kumar Garg ,Adv
Ms. Anitha Shenoy ,Adv
Mr. Anil Shrivastav,Adv.
Mr. Rituraj Biswas, Adv.
Mr. V.N. Raghupathy,Adv
Mr. R. Sathish,Adv
Mr. Tushar Mehta, ASG
Ms. Hemantika Wahi,Adv.
Mr. A Mariaputham, Sr. Adv.
Ms. Ranjana Narayan, Adv.
Mr. B.K. Prasad, Adv.
Mr. S Wasim A Qadri, Adv.
Mr. Zaid Ali, Adv.
Ms. Satya Siddiqui, Adv.
Mr. S.A. Siddiqui, Adv.
Mr. S.K. Mishra, adv.
Mr. D.S. Mahra,Adv
Ms. Sushma Suri, Adv.
Mr.P.Paremswaran, Adv.
Ms. Liz Mathew,Adv
Mr. Jayant K Sud, AAG
Ms. Jasleen Chahal, Asst. A.G.
Mr. Kuldip Singh ,Adv
Dr. Nafis A. Siddiqui,Adv
Mr. Jayesh Gaurav, Adv.
Mr. Gopal Prasad Adv
Mr. C.D. Singh,Adv
Mr. P.V. Dinesh ,Adv
Mr. Navnit Kumar, Adv.
for M/S Corporate Law Group,Adv.
Mr. Ravi Prakash Mehrotra ,Adv
Mr. Gunnam Venkateswara Rao,Adv
Mr. V.G. Pragasam,Adv.
Mr. S.J. Aristotle, Adv.
Mr. Prabhu Ramasubramanian, Adv.
Mr. Radha Shyam Jena,Adv
Dr. Kailash Chand, Adv.
Mr.Sibo Sankar Mishra, Adv.
Mr.S.N.Bhat, Adv.
Mr.Sanjay Jain, Adv.
Mr.Rashmikumar Manilal Vithlani, Adv.
Mr. Lalit Chauhan, Adv.
Mr. Ekansh Mishra, Adv.
Ms. Anubha Gupta, Adv.
for M/s.Parekh & Co., Advs.
Dr.Meera Agarwal, Adv.
Mr.Annam D.N.Rao, Adv.
Mr.E.C.Agrawala, Adv.
Mr. Suryanarayana Singh, A.A.G.
Ms. Pragati Neekhra, Adv.
Mr. Kamal Mohan Gupta, Adv.
Mr. Anip Sachthey, Adv.
Mr. Mohit Paul, Adv.
Mr. Shagun Matta, Adv.
Mr. Saakaar Sardana, Adv.
Mr. A. Mariarputham, A.G.
Ms. Aruna Mathur, Adv.
Mr. Yusuf Khan, Adv.
for M/S Arputham,Aruna & Co.,Advs.
Mr. Sapam Biswajit Meitei, Adv.
Mr. Ashok Kr. Singh, Adv.
Mr. Naresh K Sharma, Adv.
Mr. Tara Chandra Sharma, Adv.
Mr. K.R. Sasiprabhu, Adv.
Mr. Bimal Roy Jad, Adv.
Mr. Sanjay R Hegde, Adv.
Mr. S.N. Bhat, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have perused the progress report dated 31.05.2014, which is taken on record. The Registry is directed to keep the aforesaid report in sealed cover and in the custody of the Secretary General of this Court forthwith.
Insofar as Case No. C.R. 26 of 2002 is concerned, we are informed by Shri Harish N. Salve, learned Amicus Curiae that the matter was argued and reserved for judgment by the learned District and Sessions Judge but thereafter the learned Judge is transferred and new learned Judge has taken over. Therefore, the learned Amicus Curiae submits that the matter requires to be re-heard by the new learned
Judge.
In view of the above, we now direct the learned District and Sessions Judge to re-hear the arguments of all the learned counsels in Case No. C.R. 26 of 2002 as expeditiously as possible and pronounce the judgment within an outer limit of three months’ time from today.
We permit Shri Salve to file an appropriate application before this Court after serving the same on Ms. Aparna Bhat and learned counsel for the State of Gujarat.
List the matter on 16.09.2014 at 3: 30 p.m.
[ Charanjeet Kaur ] [ Vinod Kulvi ]
Court Master Asstt. Registrar
