ORDER

1. After having heard the learned counsel for the parties, we feel that considering the sensitive nature of the cases involved, appointment of a Special Investigation Team (in short "SIT") is warranted.

2. Communal harmony is the hallmark of a democracy. No religion teaches hatred. If in the name of religion, people are killed, that is essentially a slur and blot on the society governed by rule of law. The Constitution of India, in its Preamble refers to secularism. Religious fanatics really do not belong to any religion. They are no better than terrorists who kill innocent people for no rhyme or reason in a society which as noted above is governed by rule of law.

3. There are cases where there is an element of communal disharmony, which is not to be countenanced. The State of Gujarat has stated that it has no objection if further investigation is done so that peoples faith in the transparency of action taken by the State is fortified.

4. Mr Mukul Rohatgi, learned Senior Counsel appearing for the State stated that the States approach is fair and it is not interested in shielding any culprit or a guilty person, but on the other hand, would like all those who are guilty, to be punished. This statement of Mr Rohatgi is not accepted by some of the learned counsel appearing for the alleged victims. We need not go into that aspect, in view of the fact that there is an agreement that there is a need for a Special Investigation Team.

5. We, therefore, direct that an appropriate notification shall be issued by the State Government regarding the creation of SIT, the constitution of which shall be as follows:

1. Shri P.K. Raghavan, Retd. Director of CBI.

2. Shri C.B. Satpathy, Retd. DG, Director, Uttar Pradesh Police College, Moradabad.

3. Ms Geeta Johri.

4. Shri Shivanand Jha

5. Shri Ashish Bhatia

The notification by the State be issued as early as practicable, preferably within ten days. Officers at SI. Nos. 3 to 5 are IG rank officers. Shri Raghavan will be the Chairman of the Committee and Ms Geeta Johri shall be the Convenor.

6. The Committee shall in its first meeting work out the modalities to be adopted for the purpose of enquiry/investigation. If any person wants to make C statement before SIT for giving his or her version of the alleged incidents, SIT shall record it. Those who want to give their version shall in writing intimate the Convenor of the Committee so that SIT can call him or her for the purpose of recording his/her statement. It is needless to say that SIT shall not confine the investigation by recording statement of those who come forward to give his or her version and shall be free to make such inquiries/investigation as felt necessary by it.

7. The State Government shall provide necessary infrastructure and provide resources for effective working of SIT. The report of SIT shall be furnished to this Court in a sealed cover after completion of the inquiry/ investigation for which three months time is granted. After the report is submitted, the further action required to be taken shall be dealt with by this Court.

8. SIT shall conduct inquiries/investigations including further investigation in the following cases:

I. Godhra FIR No. 09 of 2002 dated 27-2-2002:

(i) CRs Nos. 1-6 of 2002 titled Mahd. RafudanAnsari.

(ii) CR No. 09 of 2002 titled State v. Junia Faroaq Hassan pending in the Juvenile Court.

II. Sardarura, Mehsana CR No. 275 of 2002 arising out of FIR No. 46 of 2002 dated 28-2-2002 of Police Station Bijapur, Mehsana.

III. Gulbarg Society, Meghaninagar, Ahmedabad CR No. 67 of 2002 at Meghaninagar Police Station.

(i) Sessions Case No. 152 of 2002 titled State v. Kailash Lalchand Dhabi.

(ii) Criminal Case No. 1720 of 2002 titled State v. Shankarji Hakaji Mali pending in the Metropolitan Magistrate Court, Ahmedabad.

(iii) Criminal Case No. 296 of 2003 titled State v. Sandeep pending in the Metropolitan Magistrate Court, Ahmedabad.

(iv) Criminal Case No. 524 of 2002 titled State v. Vishal Badrilal Nayee pending in the Juv