SC to Modi: Stop, why shouldn’t we shift cases out?

Holding out more than a ray of hope for the victims of the Gujarat massacre, the Supreme Court today stayed the trial in key cases related ...

Holding out more than a ray of hope for the victims of the Gujarat massacre, the Supreme Court today stayed the trial in key cases related to Godhra and the subsequent riots and asked the Narendra Modi Government to explain in two weeks why these should not be transferred out of Gujarat to a neighbouring state like Maharashtra.

The ten cases relate to the Godhra train carnage, Naroda Patiya massacre, Sardarpura massacre and the Ode incident.

	Why the Supreme Court did what it did

			Maintaining that ‘‘the conduct of trials, in fact the investigation itself, leaves much to be desired’’,amicus curiae Harish Salve said: • Gulbarga Society: all accused granted bail in case where 70 or more were killed; Chetan Shah, initially appointed public prosecutor, himself an accused in murder of nine persons. Replaced by his junior Attri following objections • Naroda Patiya: Public prosecutor did not object to bail for accused in massacre of 110 people; affidavits by victims now say FIRs were not registered properly • Sardarpura: 54 accused out on bail; public prosecutor Dilip Trivedi, who’s allegedly the VHP district president, did not object to grant of bail; affidavits filed by victims question credibility of investigation; petition in Gujarat HC for reinvestigation of case • Ode: 27 burnt alive but public prosecutor V G Parlot did not object to grant of bail. Of the 15 accused, 9 out on bail; records say 32 are absconding but affidavits filed in SC say they are present in the area; one victim’s affidavit says his FIR wasn’t registerede.

Significantly, this comes just three days after the apex court transferred two wealth cases of Tamil Nadu Chief Minister Jayalaithaa to Karnataka saying it wasn’t sure of justice in her state.

That was again the key point made by the bench—headed by Chief Justice V N Khare and comprising Justice S B Sinha and Justice AR Lakshmanan—as it issued the notice. It was on a plea by amicus curiae Harish Salve who said these cases pending trial may meet the fate of the Best Bakery case if the court did not transfer them out of the state.

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Despite its assurances, Salve pointed out that the Government continued to engage public prosecutors with VHP antecedents and, as a result, most of the accused in these 10 cases continue to be free even though their bail had been obtained by misleading the trial courts.

When Salve reeled out details of cases where prosecutors did a shoddy job of the proceedings, the Chief Justice remarked: ‘‘If this is the state of affairs, then I’ll transfer all the cases. I thought by now they will be wise enough.’’

Then sparks began to fly. Salve pointed out a few instances where the accused in manslaughter cases were granted bail. Gujarat counsel Additional Solicitor General Mukul Rohatgi objected to finding fault with the counsel and the state government arguing that it was the court that acquitted the accused, not the government.

To which the Chief Justice intervened asking Rohatgi whether the state government filed a Special Leave Petition (SLP) in this regard. Rohatgi answered that for every order, SLPs are not preferred.

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‘‘How many times does the Gujarat government need to be lectured on this issue? If the allegations are true, it is a serious matter and it is a fit case for transferring the trials outside the state,’’ Chief Justice Khare said.

He ordered the Gujarat government to give—within two weeks—complete details of which are the cases which resulted in acquittal, how many resulted in discharges and in how many it had appealed.

Today’s notice, however, does not relate to the Best Bakery case as the state, soon after the NHRC approached the Supreme Court, filed an appeal before the Gujarat high court against the acquittals in that matter.

Subsequently, on the prodding of the Supreme Court, the state even amended its appeal and sought a fresh investigation and retrial. Salve also filed an application on which the apex court today asked the state to constitute a high-powered committee of retired judges and eminent persons to scrutinise the cases where many accused have been acquitted.

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Salve proposed that the committee may suggest grounds of appeal to the Gujarat government in each case.

He also sought constitution of a special investigation team (SIT) from among the Gujarat police personnel to conduct fresh probe into cases where the complainants felt that the real accused have been shielded by the administration.

Rohatgi said that the government on its own has already approached retired Supreme Court judge S B Majmudar to head the high-powered committee to scrutinise the cases. The case was posted to December 19 for further hearing.