The Hindu : National : Bilkis allowed to file fresh petition

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Tuesday, Jul 13, 2004

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National

Bilkis allowed to file fresh petition

By Our Legal Correspondent

NEW DELHI, JULY 12. The Supreme Court today issued notice to the Gujarat Government on an application from amicus curiae alleging that the State Government had withheld certain facts relating to grant of bail to the accused in various post-Godhra riot cases.

A three-Judge Bench comprising Justice Ruma Pal, Justice S.B. Sinha and Justice S.H. Kapadia granted two weeks to the Gujarat Government to file its response after amicus curiae Harish Salve accused the Government of misleading the Court about the status of the accused in nine riot cases in which trial has been stayed.

Mr. Salve submitted that though most of the accused had been granted bail by the High Court, the State had told him that the sessions court had rejected the bail applications. However, appearing for the State, senior advocate Mukul Rohtagi termed the allegations baseless and said the State had never misled the Court. Neither had it withheld information.

Mr. Salve, in his application, contended that it was hard to believe that the State and its officers were not aware that the accused were on bail.

It said that in the interest of justice, the court should pass appropriate orders to ensure accountability of the State in the proceedings.

The court also permitted Bilkis Yakoob, a gang rape victim in Gujarat, to file a fresh petition seeking transfer of the cases outside the State on the ground that the situation in the State was not conducive for conducting the trial.

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