SUPREME COURT OF INDIA
D.K. JAIN, P. SATHASIVAM, AFTAB ALAM, JJ.
National Human Rights Commission – Petitioner
Versus
State of Gujarat and Others – Respondents
W.P. (Crl.) Nos. 109, 118, 216, 284, 17953 of 2003, 37-52 of 2002, Crl. M.P. Nos. 4757, 4759-4760, 4782, 7078, 7827, 8193, 8194, 10719, 11668, 11689 of 2003, 3741, 3742, 6864 of 2004, 9236 of 2005, 4485, 6767 of 2006, Cri. M.P. Nos. 8392, 13912, 18710, 18712 of 2003, 7824 of 2007, 19816 of 2009, 8187-8188, 9238, 9239 of 2010, T.P. (Crl.) Nos. 194-202, 326-329 of 2003, 43, 66-72, 233-234 of 2004, S.L.P. (C) No. 7951 of 2002, S.L.P. (Crl.) Nos. 3770, 4409, 5309 of 2003, 1088 of 2008
Decided On : 19-08-2010
Police records in possession of SIT - Received from office of Chairman - Report is accompanied by comments of Chairman – Jurisdiction – Nevertheless court direct that henceforth nobody except Chairman or the Members of SIT will be in contact with Special Public prosecutors appointed directions of Court to conduct trials in various cases - Similarly if Public Prosecutors want some inputs or face any difficulty, they can get in touch only with the Chairman, SIT, for redress of the same – Held, court order that said statement shall not be supplied to said Commission - Court further direct that SIT shall not divulge any information collected by it during course of investigations directed by Court to anyone except to trial Court and Public Prosecutor concerned if such an occasion arises without leave of Court - An intimation has been received from Chairman SIT about joining as member of SIT pursuant to our order it is pointed out that another officer namely Maharashtra cadre who has also been selected to join SIT has not yet been relieved by State of Maharashtra - Who is present in Court states that as per his information Government of Maharashtra is not willing to relieve officer - Circumstances let notice issue to State of Maharashtra through Secretary to show cause as to why direction be not issued to them to relieve said officer to join Special Investigation Team constituted by Court - Response to notice shall be filed within week - List for further directions after one week - Letter has been received Inspector General of Police and Convener and Member of SIT clarification direction as to whether statement - Chief Minister of Gujarat recorded by SIT during course of investigation ordered by Court be produced before Justice and Mehta Commission of Inquiry pursuant to their communication – Order accordingly
JUDGMENT :
1. Order dated 14th May, 2010, on the communication dated 11th May, 2010 received from the office of the Chairman, Special Investigation Team, was passed in the Chambers, when learned counsel for the parties were not present. However, inadvertently, in the said proceedings for that date presence of the counsel has been recorded. We order that in the proceedings dated 14th May, 2010, names of the counsel shall be treated as deleted and the proceedings shall stand corrected to that extent.
2. A progress report dated 5th August, 2010 regarding the nine under-trial cases investigated by the SIT, for the quarter ending July, 2010 has been filed by the Chairman, Special Investigation Team. The same is taken on record. A copy of the said report shall be supplied to Mr. Harish N. Salve, the learned Amicus Curiae. In the progress report, relating to Sessions Cases registered at Meghaninagar, Police Station 1 (C.R. No. 67/2002), the Supervisory Officer has commented that Mr. R.C. Kodekar, the Special Public Prosecutor had complained to him that Ms. Teesta Setalvad had spoken with him from her Mobile in connection with some court proceedings in a threatening tone. Ms. Teesta Setalvad is present in Court. While admitting that she did have a talk with Mr. Kodekar, states that it was in connection with the complaint of a victim and not on the subject referred to in the report. In view of the explanation furnished, we do not propose to pursue the matter further. Nevertheless, we direct that henceforth nobody, except the Chairman or the Members of the SIT, will be in contact with the Special Public prosecutors appointed under the directions of this Court to conduct trials in various cases. Similarly, if the Public Prosecutors want some inputs or face any difficulty, they can get in touch only with the Chairman, SIT, for redress of the same.
3. A letter has been received from one Mr. Jaspal Singh, IPS (retired), seeking certain directions. No such letters can be entertained. Accordingly, we decline to take cognizance of the said letter.
4. We do not find any ground to modify our order dated 14th May, 2010. The application is dismissed accordingly.
Crl. M.P. No. 13912 in W.P. (Crl.) No. 109 of 2003
5. In view of order in the unnumbered application in W.P. (Crl.) No. 109 of 2003, no further orders are called for in this application. The same stands disposed of accordingly.
S.L.P. (Crl.) No. 1088 of 2008
6. Pursuant to the order passed by this Court on 27th April, 2009, an inquiry report has been submitted by Shri A.K. Malhotra, a member of the Special Investigation Team (SIT). The report is accompanied by the comments of the Chairman, SIT. Let a copy of the inquiry report as also the comments of the Chairman be supplied to Mr. Prashant Bhushan, the learned Amicus Curiae appointed to assist us in the case, in a sealed cover. In the meantime, the SIT may proceed with further investigations as suggested in the report.
7. A letter has been received from Shri Ashish Bhatia, Inspector General of Police and Convener and Member of SIT, seeking clarification/direction as to whether the statement- of Shri Narendra Modi, Chief Minister of Gujarat, recorded by the SIT during the course of investigation ordered by this Court be produced before Justice Nanavati and Justice Mehta Commission of Inquiry, pursuant to their communication dated 12th May, 2010.
8. We order that the said statement shall not be supplied to the said Commission. We further direct that the SIT shall not divulge any information collected by it during the course of investigations, directed by this Court to anyone, except to the trial Court and the Public Prosecutor concerned, if such an occasion arises, without the leave of this Court.
9. List for further orders on 30th September, 2010 at 2.00 p.m.
10. An intimation has been received from Mr. K.K. Raghavan, Chairman, SIT about the joining of Shri Y.C. Modi, I.P.S. as member of the SIT pursuant to our order dated 14th May, 2010, however, in
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