The Hindu : Front Page : Best Bakery: Gujarat's plea rejected

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Saturday, May 08, 2004

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Best Bakery: Gujarat's plea rejected

By J. Venkatesan

NEW DELHI, MAY 7. The Narendra Modi Government in Gujarat today received yet another bashing from the Supreme Court for filing the application seeking modification of an April 12 order shifting the Best Bakery case out of Gujarat for trial in Maharashtra.

A Bench, consisting of Justice Doraiswamy Raju and Justice Arijit Pasayat, dismissing the application described it an "abuse of the process of court, which of late is found to be on the increase, more for selfish reasons than to further or strengthen the cause of justice".

The Bench rejected the State Government's contention that there was no prayer for transfer of the case and said the application was nothing but a review petition. If the basis of grievance had been sufficiently disclosed openly and the relief sought was one among others specified as incidental or ancillary to main relief, the court had the power to grant it, it added.

The judges took serious exception to the plea filed by the Gujarat Government that the "transfer" issue was not argued and said: "It is really shocking that a false statement has been made that the point was `not permitted to be argued' by a person whose presence and credibility to make such statement itself has not been substantiated."

Admonishing the person for making such an affidavit, the Bench said, "though we could have proceeded against the person on more than one counts, we only pity him for offering himself to be a scapegoat apparently for reasons best known to him."

The judges noted that the direction given by it on April 12 for transferring the case was in exercise of its plenary and unlimited powers to do justice while dealing with an appeal under Article 136 of the Constitution.

On the contention that the judgment had a demoralising effect, it said: "We fail to understand how the observations made in any way can have demoralising effect on the highest court of the State, or creating negative impact upon the State judiciary in discharging its functions."

The Solicitor-General, Kirit Raval, told a Bench headed by Justice Ruma Pal that the Centre would take a decision by May 20 on providing protection to witnesses in the 10 post-Godhra related cases and hence the Bench adjourned the proceedings.

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