Supreme Court – NHRC Order 30/07/2009

30, Jul 2009

ITEM NO.301 COURT NO.9 SECTION PIL

SUPR EME COUR T OF I ND I A
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 & intervention and direction and a note dated 27/2/2004 submitted by A.C. and directions) (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 27/2/2004 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 in 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)

WP(Crl.) 109/2003…contd…

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

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. documents(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. 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 office report)

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

(With office report)

CRL.M.P. NO. 6767 of 2006 In CRL.M.P. NOS. 3741-3742 of 2004 in WP(Crl)No.109/2003 (For directions)

WP(Crl.) 109/2003…contd…

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: 30/07/2009 This Petition was 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) Mr. Harish N Salve, Sr. Adv.
(A.C.)(NP)
Mr. B.V. Desai, Adv. (A.C.)
Mr. Meenakshi Grover, Adv.

in SLP(Crl)1088/08: Mr.Prashant Bhushan, A.C.

Ms.Indu Malhotra, Sr.Adv.
Mr.Vikas Mehta, Adv.

Mr.SUK Sagar, Adv
M/s Lawyers Knit & Co.

Mr.Ejaz Maqbool, Adv.

Ms.Shobha, Adv.

Mr.Naveen R. Nath, Adv.

For Respondent(s) Mr. Mukul Rohtagi, Sr.
Adv.
For Gujarat Mr.Tushar Mehta, Sr.Adv.
Mrs. Hemantika Wahi, Adv.
Mr.Saurabh Kirpal, Adv.

Mr. Somanath Padhan,
Adv..
Mr. C.D. Singh, Adv.

Mr. Nafis A Siddiqui, Adv.

Ms. Sushma Suri, Adv.

Mr. V.N. Raghupathy, Adv.

For Bihar & Tripura Mr. Gopal Singh, Adv.
Ms. Sangeeta Singh, Adv.

WP(Crl.) 109/2003…contd…

Union Territory of Mr. V.G. Pragasam, Adv.
Pondicherry Mr.S.J. Aristotle, Adv.
Mr.Prabhu Ramasubramanian,
Adv.

Mr. Naresh Kr. Sharma, Adv.

Mr. Gopal Prasad, Adv.

Mr. Bimal Roy Jad, Adv.

Mr.Riku Sarma, Adv.for
M/s Corporate Law Group,
Adv.

Mr. Ravindra Kr. Adsure,
Adv.

Mr. Ravi Prakash Mehrotra,
Adv.

For Haryana Mr. Manjit Singh, AAG
Mr. T.V. George, Adv.

Mr. Radha Shyam Jena, Adv.

For Sikkim Mrs. Aruna Mathur, Adv.
M/s Arputham, Aruna & Co.,
Advs.

Mr. Tara Chandra Sharma,
Adv.

Mr. K.R. Sasiprabhu, Adv.

For NCT, Delhi Mr. S Wasim A Qadri, Adv.
Ms. Anil Katiyar, Adv.

For all U.Ts. Mr. S Wasim A Qadri, Adv.
Mr. D.S. Mahra, Adv.

For U.O.I. Mr. S W.A. Qadri, Adv.
Mr. D.S. Mahra, Adv.

For Rajasthan Mr. Manish Kumar, Adv.
Mr. Ansar Ahmad Chaudhary,
Adv.
Mr. Rakesh Kumar, Adv.
Mr. Satya Prakash, Adv.
Ms. Promila Matta, Adv.

Mr. Ranjana Mukherjee, Adv.

Mr. Anil Shrivastav, Adv.

Mr. D.K. Sinha, Adv.

Mr. Naveen R Nath, Adv.

WP(Crl.) 109/2003…contd…
Ms. Aparna Bhat, Adv.

Ms. Anita Shenoy, Adv.

State of Karnataka: Mr. Sanjay R Hegde, Adv.
Mr.amit Kr.Chawla, Adv.
Mr.A.Rohen Singh, Adv.

Mr. KH Nobin Singh, Adv.

For Mizoram Mr. K.N. Madhusoodhanan,
Adv.
Mr. R Satish, Adv.

State of Goa Ms.A.Subhashini, Adv.

State of Bihar Mr.Gopal Singh, Adv.
Mr.Manish Kumar, Adv.
Ms. Sanjitha Singh, Adv.

For Kerala Mr. P.V. Dinesh, Adv.

For U.P. Mr. S.K. Dwivedi, Adv.
Mr. Manoj Kumr Dwivedi, Adv.

IN WP(CRL)D17953/2003 In-person (NP)

For Punjab Mr. Kuldip Singh, Adv.
Mr. R.K. Pandey, Adv.
Mr. Ajay Pal, Adv.

State of Tripura Mr.Gopal Singh, Adv.
Mr.Ritu Raj Biswas, Adv.
Mr.Sanjitha Singh, Adv.

Ms.D. Bharathi Reddy, Adv.
Ms.Anuradha Rustagi, Adv.

Mr.Naresh Kaushik, Adv.
Mr.D.D. Kamath, Adv.
Mr.A.K. Sharma, Adv.

Mr.S,N.Bhat, Adv.

Dr.Kailash Chand, Adv.

Mr.Sanjay Jain, Adv.

Mr.P.Parmeswaran, Adv.

Mr.ADN Rao, Adv.

Mr.Rashmikumar Manilal
Vithlani, Adv,

Dr.Meera Aggarwal, Adv.

WP(Crl.) 109/2003…contd…

M/s Parekh & Co.

UPON hearing counsel the Court made the following
ORDER

A report has been submitted by the SIT, reporting the progress of nine cases received by it from the Investigating/Supervisory Officers. Let a copy of the report in WP (Crl) No.109/2003 be supplied to Mr.Harish N. Salve, the Learned Amicus Curiae and counsel for the State of Gujarat. The office shall also get prepared two extra copies of the report for future reference of the Court.

An interim report in the matter relating to SLP (Crl) No.1088 of 2008 ( Smt. Jakia Nasim Ahesan & Anr. vs. State of Gujarat & Anr.) has also been submitted by the SIT, wherein the progress made in the preliminary enquiry as also the work which remains to be done is indicated. It is stated that the volume of the work involved being voluminous, it would require time upto 31st December, 2009, for coming to the final conclusion in the matter and to submit the final report.

Having cursorily glanced through the report, we extend the time as prayed for. The office shall prepare two extra copies of this report as well for our future reference.

Both the reports shall be kept in sealed covers.

[ Usha Bhardwaj ] [ Vijay Dhawan ]
Court Master Court Master

 

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