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2016 Supreme(Guj) 640

K.S.JHAVERI, BIREN VAISHNAV
Mohmed Juned Shaikh – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Hriday Buch, Advocate
For the Respondents: J.M. Panchal, Special Public Prosecutor

JUDGMENT

K.S. Jhaveri, J.

1. To understand the controversy on hand, it would be expedient to look into the history of certain events that took place after the carnage of 2002, infamously known as the Godhra carnage. On 11.03.2003, at around 2115 hrs., one Jagdish Tiwari, a leader of Hindu organization, named, Vishwa Hindu Parishad (VHP), was shot at while he was at his Medical Shop in Bapunagar area of Ahmedabad City. He, however, survived the gunshot. A complaint was registered against unknown individuals at Bapunagar Police Station vide I-C.R. No. 101 of 2003. In another incident, Haren Pandya, Ex-Home Minister of the State of Gujarat, was shot at in the early hours of 26.03.2003 while he had gone for his morning walk to Law Garden in Ahmedabad City. In respect of this incident, a complaint was registered with Ellisbridge Police Station vide I-C.R. No. 272 of 2003. Investigation into both the offences was undertaken by the local police. However, vide Notification dated 26.03.2003 issued by the Government of Gujarat and Notification dated 28.03.2003 issued by the Cabinet Secreta




































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