ORDER :

Ruma Pal, S.B. Sinha and S.H. Kapadia, JJ.

We are of the view that on account of the nature and the allegations of the case, Sessions Case No. 161 of 2004 before the Additional Sessions Judge, Dahod, now transferred to the Additional Sessions Judge of IVth Court of the City Civil & Sessions Court, Ahmedabad (CBI Case No. RCI/S/2004, SCB Mumbai) titled CBI v. Jaswantbhai Chaturbhai Nai should be transferred to any competent court in Mumbai for trial and disposal. This order be placed before the Chief Justice of the Bombay High Court who shall designate the competent court as he may deem fit. The transfer petition is accordingly allowed.

2. This order is based on the perceptions of CBI as recorded in its report and should not be taken as a reflection on the competence or impartiality of the judiciary in the State of Gujarat.

3. Having regard to the peculiar facts of this case, the State of Gujarat shall bear the expenditure of the defence of the accused in accordance with the provisions of Section 304 of the Code of Criminal Procedure.

It is made clear that for the purpose of this case, the Central Government will appoint the Public Prosecutor.