JUDGMENT

Arijit Pasayat, J.-These two applications "for directions and modification of the judgment and order dated 12.4.2004 in Crl. Appeal Nos. 446-449 of 2004 and Crl. Appeal Nos. 450-452 of 2004 (Zahira Habibullah H. Sheikh and Anr. vs. State of Gujarat and Ors. and connected cases)" (reported in 2004(4) SCALE 375) have been filed by the State of Gujarat and one of the accused by name Tulsibhai Bhikhabhai Tadvi who faced trial in the case. It would be appropriate to first deal with application filed by the State of Gujarat.

2. The reasons for making this application primarily are that the direction for fresh trial outside the State of Gujarat is unwarranted, per incurium being not permissible in law, in violation of principles of natural justice, without consideration of real factual scenario, without specific prayer in that regard and reflect adversely on the credibility of the entire judiciary and administration of the State.

3. Mr. Mukul Rohatgi, learned senior counsel appearing for the applicant - State submitted that the direction given for transfer outside the State of Gujarat is not in accordance with law. According to him, such a direction could only have been given on a p