The Hindu : National : Gujarat advocates to move Supreme Court

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Friday, Apr 16, 2004

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National

Gujarat advocates to move Supreme Court

By Manas Dasgupta

AHMEDABAD, APRIL 15. The Gujarat High Court Advocates' Association has decided to approach the Supreme Court for a review of the two-judge Bench judgment ordering retrial of the Best Bakery case in Maharashtra. Expressing deep concern over the order, which it felt could cause an adverse impact on the judicial system in the State, the Association, in a resolution adopted at its meeting here today, authorised its president or the secretary to approach the Supreme Court to seek a review or modification of its order if no other individual, body or organisation approached the apex court for the same purpose.

The eight-line resolution adopted with 106 votes in favour and only six against, also endorsed a similar resolution passed by the Bar Council of Gujarat yesterday which particularly objected the transfer of the case to Maharashtra. "In Bihar and Jammu and Kashmir, murders of innocent people and other offences have become the order of the day. Yet the cases are tried by the courts in the States concerned. The situation is not grave in Gujarat,'' it said.

Endorsing the view, the Association said the transfer of the case certainly demanded a review as it could adversely affect the morale of the legal fraternity and the judicial administration in the State. Like the Council, it also wanted the Central Government to take up the matter with the apex court as a review petition or as a presidential reference. The few who opposed were mostly on the technical ground that it would be improper to adopt a resolution against the judgment of the apex court as no comments could be aired against it.

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