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Journalism of Courage
The Principal Sessions Judge of the Ahmedabad City Sessions Court,on Thursday,dismissed an application to transfer the trial of the 2002 Gulberg Society massacre case from Special Judge B U Joshi on grounds of jurisdiction.
Seven victims and eye-witnesses of the massacre had moved an application alleging that the Joshi is biased and they have no hope of getting justice from his court.
Citing various instances from the trial proceedings in the case,the witnesses alleged that Joshi has pre-judged the authenticity of their depositions and so they have no hope of getting justice from his court.
The witnesses have highlighted a number of statements that Joshi uttered had during the course of the trial proceedings whereby he allegedly questioned the authenticity of the witnesses depositions.
The applicants had also taken objection to the decision of the trial court to release a police constable – who was recently arraigned as an accused in the case – on a personal bond without even a bail application.
Principal Sessions Judge G B Shah had issued notice to the Special Public Prosecutor,R K Shah,to put forth their stand on the application. Shah had argued that the court of Principal Sessions Judge has no jurisdiction over the special court of Joshi,which is constituted by the High Court under the direction of the Supreme Court.
Special Assistant Public Prosecutor in the case,Nayana Bhatt said: The court has dismissed the application on the ground of jurisdiction. The court has ruled that it cannot take decision on the application on merits since it has no jurisdiction over the special court which has been set up under the direction of the Supreme Court.
The applicants lawyer S M Vora said that they will now move the High Court with the prayer to transfer the trial proceedings of the case from the court of Special Judge,B U Joshi,to some other court.
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