The Hindu : National : Supreme Court stays trial of Bilkis' case till August 2

Online edition of India's National Newspaper
Tuesday, Jul 27, 2004

National

National

Supreme Court stays trial of Bilkis' case till August 2

By Our Legal Correspondent

NEW DELHI, JULY 26. The Supreme Court today stayed till August 2 the trial of the case relating to Bilkis Yakoob, a victim of gangrape during the post-Godhra riots in Gujarat, pending before a city sessions court in Ahmedabad.

A three-Judge Bench of Justice Ruma Pal, Justice S.B. Sinha and Justice S.H. Kapadia stayed the trial when it was pointed out by the amicus curiae, Harish Salve, that the trial court was to frame charges in the case on July 29. The Bench, while staying the proceedings till August 2, adjourned the case till then. The Bench also asked the accused in the case who had been cited as respondents to file their response to the transfer petition.

In her application seeking the transfer of the case outside Gujarat on the ground that the atmosphere in the State was not conducive to fair trial, Ms. Bilkis had cited the CBI report which pulled up the local police for its tardy investigation and the planned manner in which the killings took place alongside the gangrape.

Apprehension

She pointed out that the CBI had even arrested the Investigating Officer of the Gujarat Police and filed a chargesheet on April 19. She expressed the apprehension that the trial might not be fair if it was held in Gujarat.

She said that the case was ripe for trial and it should, therefore, be conducted outside the State.

Fully supporting Ms. Bilkis, the CBI said the investigating agency apprehended that witnesses might be threatened and harm could be caused to them during the trial. Witnesses might even be prevented from appearing before the trial court for their deposition as they were mostly residing in Dahod district and the 12 named accused were also residents of the same district. The accused police officers were also serving in the same district.

CBI's request

The CBI had requested the Principal Secretary (Home) and the Director General and Inspector General of Police, Gujarat to provide security to 33 key witnesses.

In view of this, the CBI would have no objection if the case was transferred out of Gujarat to any competent court in Maharashtra in the interests of justice.

However, the Gujarat Government stated that there was no reason for shifting the case outside the State as the atmosphere was conducive to conducting the trial.

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