NEW DELHI: The Supreme Court on Friday sought the Gujarat Government's response to the suggestions given by the amicus curiae for entrusting to the CBI the investigation of the 17 sensitive cases arising out of eight major incidents relating to the Godhra riots.

The cases include four Godhra-related incidents; Gulberg Society/Chamanpura; Naroda Patiya and Naroda Gaon; Sardarpura town, Mehsana district; two Panchamahals district cases; Sesan, Banaskantha district; Abasana and cases pertaining to Ode in Anand district.

A three-judge Bench comprising Justice Arijit Pasayat, Justice P.K. Balasubramanyan and Justice D.K. Jain was hearing petitions filed by the National Human Rights, Teesta Setalvad and some other NGOs seeking reinvestigation by the CBI and to shifting of the cases for trial outside Gujarat as was done in the Best Bakery case.

Amicus curiae Harish Salve submitted to the court a summary of the 17 cases and the suggestions on the larger issues to be decided including maintainability of the petitions seeking transfer of the cases for trial outside Gujarat. Mr. Salve said that since most of these cases were related in one way or another, initially the Gulberg Society case could be investigated by the CBI so that the veracity of the mutual allegations could be established. He said that the ends of justice would be served better if the substantive aspects of the allegations were examined by an independent agency.

He wanted the court to lay down proper guidelines on the rights of victims in criminal cases.

He said larger issues like the extent of witness protection that could be granted and whether the apex court could issue directions to the trial court by-passing the procedure contemplated under the Cr.PC were to be decided in this case.

In the light of these suggestions the Bench asked the Centre, Gujarat and the accused in these cases to file their response before April 5 and posted the matter for further hearing on April 16.

The Gujarat Government admitted before a Bench headed by Chief Justice K.G. Balakrishnan that the husband of a woman, who had gone missing two years ago, was killed in a fake encounter with the police and action would be taken against those responsible.

The Bench was hearing a petition filed by Rubabuddin Sheikh.

Printer friendly page  
Send this article to Friends by E-Mail