SC issues notices to Gujarat minister, MP

The Supreme Court has issued notices to Gujarat Law Minister Ashok Bhatt and Ahmedabad MP Harin Pathak. It was acting on a special leave petition filed by Prakash Gurjar challenging the Gujarat High Court’s decision to discharge the two in a case related to inciting a mob that later killed a police constable in 1985.

Bhatt and Pathak had been facing charges of delivering inflammatory speeches on April 24, 1985, after which the mob went berserk killing head constable Laxman Desai during communal violence in Khadia. In July 2006, Justice JR Vora of the Gujarat High Court upheld the discharge petition filed by Bhatt and Pathak and removed their names from the list of accused.

Earlier, however, a lower court had rejected their discharge petition, which was challenged before the High Court.

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Prakash Gurjar in his special leave petition in the apex court, pointed out that he filed the petition since Desai’s widow was incapable of fighting a legal battle in the Supreme Court. He also remarked that the Government of Gujarat had not moved to challenge the high court order since Ashok Bhatt is the state Law Minister.

The apex court Bench comprising Justice Arijit Pasayat and Justice SH Kapadia issued notices to Bhatt and Pathak after hearing the arguments of Advocate Minaxi Arora who appeared for the petitioner.