( 1 ) RULE. Service of Rule is waived by Government Pleader Shri p. G. Desai. for the respondents. Looking to the facts of the case, with consent of the learned Advocates, this petition is finally heard today.

( 2 ) BHAILALBHAI Vitthaldas Ganatra and others addressed a letter dated 25-7-1997 to the Honble Chief Justice of this Court drawing His Lordships attention to an unfortunate event which had resulted into death of four persons and injuries to three persons in village Keshod on 18-7-1997 on account of police firing. It was submitted in the said letter that the signatories to the said letter were friends or relatives of the deceased and as the police had acted in a most atrocious manner while firing at a crowd in Keshod on 18-7-1997, they wanted the entire matter to be investigated by this Court as the firing was in violation of human rights of the deceased and injured.

( 3 ) THE said letter was treated as a writ petition and was numbered as Special civil Application No. 6012 of 1997. This Court had issued notices to the State of gujarat, the D. S. P. , Junagadh and the Commissioner of Police. Ahmedabad so as to probe into the matter and gather correct information. In pursuance of the notices issued by this Court, an affidavit-in-reply dated 15-9-1997 was filed by Shri J. R. Rajput, Under Secretary to the Government of Gujarat in Home Department. In the said affidavit it was stated that looking to the gravity of the incident, the State government had already taken a decision to hold a magisterial inquiry and the district Magistrate, Junagadh was ordered on 4-9-1997 to initiate necessary inquiry to find out the circumstances in which the police had resorted to firing and whether the extent of firing reported to was just and proper. The District Magistrate was also directed to state in his report whether, before resorting to firing, the police had availed other alternative methods like lathi-charge or use of tear-gas shells. It was also to be stated whether sufficient quantity of tear-gas shells was there with the police force and whether tear-gas shells were used with due discretion. As per the direction given by the State of Gujarat, the District Magistrate. Junagadh was supposed to submit his report within 30 days from the date of the said order.

( 4 ) WHEN the petition was notified before this Court on 24-11-1997. learned advocate Shri Girish Patel was requested by the Court to assist the Court as ainicus ciiruie and the office of this Court was directed to give a set of relevant papers to Shri Girish Patel so that he can look into the matter and can render his assistance to the Court.

( 5 ) IN pursuance of the direction given by the State of Gujarat on 4-9-1997. Add ). District Magistrate, Junagadh District, Shri S. K. Langa has placed on record his report. A copy of the said report has been given to learned Advocate Shri Girish patel as directed by this Court earlier.

( 6 ) THE incident which resulted into 4 deaths and bullet injuries to 3 persons had taken place in the following circumstances :- A statue of late Dr. Baba Saheb ambedkar was desecrated and therefore, some riots had taken place in the State of Maharashtra and as a result thereof about 10 persons belonging to the Scheduled castes were killed. Repercussions of the said incident had also taken place at several proces in the country. One such incident had taken place in village Keshod in Dist. Junagadh on 18-7-1997. Facts with regard to the said incident as incorporated in the report submitted by the Addl. District Magistrate are as under :-

( 7 ) A call of bandh was given by the Dalit Samaj in the State of Gujarat on 16-7-1997. On the said day, in Keshod, some members of the Scheduled Castes had proceeded to give a memorandum to the Mamlatdar, Keshod. After submitting the memorandum, when the mob was returning, the mob had become furious and had damaged properties of certain merchants and. therefore, a complaint was filed by shri Jagdishbhai Na