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Friday, May 07, 2004

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Front Page

Court raps Modi Government

By J. Venkatesan

NEW DELHI, MAY 6. The Supreme Court today severely admonished the Narendra Modi Government in Gujarat for seeking a modification of its earlier order directing a retrial of the Best Bakery case [in which all the 21 accused were let off] by a special court in Maharashtra.

Reserving orders on the Gujarat Government's application, a Bench consisting of Justice Doraiswamy Raju and Justice Arijit Pasayat told the Additional Solicitor-General, Mukul Rohatgi, that "the modification application shows the arrogance of the State Government. It is refusing to accept even the order of the highest court of the land."

Severely criticising the State Government for repeatedly seeking to know how the court arrived at its conclusion, the Bench said: "Much that could have been avoided [by the State] has not been avoided. So don't make us to tell what we had avoided to mention." It noted that in its judgment dated April 12 it had not identified the guilty. "We have not pointed fingers at A,B,C,D. If you want we would do it."

Mr. Rohatgi submitted that when there was no transfer petition, the court had exceeded its limits in shifting the case out of Gujarat. He also wanted the court to expunge certain remarks against the State by making a reference about Nero. The Bench had observed that "modern day Neros" were looking elsewhere when innocent children and helpless women were burning and were probably deliberating how the perpetrators or the crime can be saved or protected... "

The judges asked Mr. Rohatgi who had filed the affidavit along with the application as it had been stated that the court did not give a proper opportunity to the State.

"We never tried to identify the persons. It is after the judgment that they are trying to identify themselves with the act. This is a case of arrogance on the part of the State."

When Mr. Rohatgi apologised for hurting their sentiments, the judges retorted: "If at all you have hurt something, it is this institution and the profession." The Bench told counsel that the State could not "browbeat the Supreme Court like this. If this happens to the Supreme Court, we shudder to think what will happen to the High Court or the subordinate courts. You are giving us an impression that every judgment we write, we should take you into confidence before we pronounce it."

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