Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2003 Supreme(SC) 1647

SUPREME COURT OF INDIA
Brijesh Kumar, S.B. Sinha, JJ.
National Human Right Commission - Petitioners
Versus
State of Gujarat - Respondents
Writ Petition(Crl.) No. 109/2003 With T.P.(Crl.) No.194-202/2003, SLP(Crl.)No.3770/2003, W.P(Crl.)No.D17953/2003.
Decided On : 12-09-2003

Advocates Appeared:
For the Petitioners:- WP 109 & Mr. P P Rao, Sr. TP 194-202 Mr. T R Andhyarujina, Sr. Mr. S. Muralidhar, Mr. Somiran Sharma, Mr. Rajat Khosla, in WPD17953 In person. in SLP 3770 Mr. Shanti Bhushan, Sr. Ms. Aparna Bhat, Mr. P Ramesh Kumar, Mr. Sushil Kumar Singh, WP 109. Mr. Arvind Sawant, Sr. Mr. C D Singh, Mr. R K Singh, Dr. Nafis A Siddiqui, in TP 194-202 Mr. Shanti Bhushan, Sr. Ms. Aparna Bhat, Mr. P Ramesh Kumar, Mr. Sushil Kumar Singh,Advocates.
For the Union of India :- Mr. Kirit N Raval, Solicitor General Mr. A Mariarputham, Mr. Prateek Jalan, Ms. Sushma Suri, Advocates.
For the State of Gujarat :- Mr. Mukul Rohtagi, ASG Mr. P S Mishra, Sr. Ms. Hemantika Wahi, R.Nos.2-22 in Mr. Vijay Patel, WP 109 Ms. Sarita Gupta, Mr. Nikhil Goel, Ms. Sheela Goel, Advocates.

The court has the authority to summon relevant government officials based on the necessity arising from the facts and circumstances of the case.

Headnote:
Summon - Chief Secretary to the Govt. of Gujarat - The court ordered the summoning of the Chief Secretary to the Govt. of Gujarat as well as the Director General of Police, Gujarat, emphasizing the necessity of their presence in the court.
Fact of the Case:

The court, after considering the facts and circumstances of the case, found it necessary to summon the Chief Secretary to the Govt. of Gujarat and the Director General of Police, Gujarat.
Finding of the Court:

The court ordered the summoning of the concerned officers and scheduled the matter for a future date, requiring their presence in the court.
Issues: N/A
Ratio Decidendi: The necessity of summoning the Chief Secretary to the Govt. of Gujarat and the Director General of Police, Gujarat, was based on the facts and circumstances of the case.
Final Decision: The court ordered the summoning of the Chief Secretary to the Govt. of Gujarat and the Director General of Police, Gujarat, for their presence in the court on a specified date.

ORDER :

1. Having heard the matter and seeing the facts and circumstances of the case, we are of the view that it is necessary to summon the Chief Secretary to the Govt. of Gujarat as well as the Director General of Police, Gujarat. We order accordingly.

2. List all these matters on 19th September, 2003 at 10.30 A.M. before this Bench. On that day, both the officers shall be present in the Court. Learned counsel appearing for the State of Gujarat shall communicate this order to the aforesaid officers.

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Judicial Analysis

2003 Supreme(SC) 1647

SUPREME COURT OF INDIABrijesh Kumar, S.B. Sinha, JJ.National Human Right Commission - PetitionersVersusState of Gujarat - RespondentsWrit Petition(Crl.) No. 109/2003 With T.P.(Crl.) No.194-202/2003, SLP(Crl.)No.3770/2003, W.P(Crl.)No.D17953/2003. Decided On : 12-09-2003

The court has the authority to summon relevant government officials based on the necessity arising from the facts and circumstances of the case.

Judicial Analysis

SUPREME COURT OF INDIA
Brijesh Kumar, S.B. Sinha, JJ.
National Human Right Commission - Petitioners
Versus
State of Gujarat - Respondents
Writ Petition(Crl.) No. 109/2003 With T.P.(Crl.) No.194-202/2003, SLP(Crl.)No.3770/2003, W.P(Crl.)No.D17953/2003.
Decided On : 12-09-2003