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2003 Supreme(SC) 1387

V. N. KHARE, S. B. SINHA, ARUN KUMAR
National Human Rights Commission – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:- P.P. Rao and T.R. Andhyarujina, Senior Advocates (S. Murlidhar, Somiran Sharma and Rajat Khosla, Advocates).
For the Respondent:- Ms. Hemantika Wahi, Advocate.

ORDER :

V.N. Khare, CJI. - Permission to file special leave petition is granted.

2. Application for impleadment of the Union of India is allowed.

3. This special leave petition under Article 136 of the Constitution of India has been filed against the judgment and order dated 27-6-2003 passed by the Additional Sessions Judge, Fast Track Court No. 1, Vadodara, Gujarat, in Sessions Case No. 248 of 2002. The prayer in this petition is to grant special leave to appeal against the said judgment and further, to set aside the judgment under challenge and further to direct fresh investigation through an independent agency and trial by a court situated outside the State of Gujarat.

4. When this matter was taken up it was brought to our notice that against the aforesaid judgment the State of Gujarat has preferred an appeal before the High Court. Under such circumstances, unless we see the grounds of appeal no effective order, as prayed in this special leave petition, can be passed.

5. However, the right to a reasonable and fair trial is protected under Articles 14 and 21 of the Constitution of India, Article 14 of the International Covenant on Civil and Political Rights, 1966 to which India is a s

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