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2017 Supreme(Guj) 1901
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sonia Gokani, J.
Zakia Ahsan Jafri - Appellant
Vs.
Special Investigation Team - Sit - Respondent
Criminal Revision Application (Against Order Passed by Subordinate Court) No. 205 of 2014
Decided On : 05-10-2017
For the Appellant :Mr. Mihir Desai, Sr. Counsel With Mr. MM Tirmizi, Advocate
For the Respondent: Mr. C.S. Vaidyanathan, Mr. Harish Vaidyanathan Shankar, Mr. RC Kodekar, Spl. P.P, Ms. Shruti Pathak, Addl. Public Prosecutor
Headnote:
Code of Criminal Procedure, 1973 - Section 397, 401, 482 - Indian Penal Code, 1860 - Section 302, 120(B), 193, 114, 185, 153A, 186, 187 - Gujarat Police Act - Section 6 - Human Rights Act, 1991 - Special leave - Original complainant filed a complaint before the Addl. Director General of Police, alleging against 62 persons, politicians, bureaucrats and police officers, who are arraigned as accused - They are alleged to have aided and abated the co-accused involved in mass carnage, which shook the entire country - Held, However, to ensure that this incorrect perception, which results into error of law in the order impugned, does not leave the parties remedy-less, instead of remanding this matter for this limited cause, a cause would be sub-served if it is directed that the petitioner, if, is desirous to agitate the issue of further investigation, would be at liberty to raise the same before the Court concerned and to that limited extent, such a plea of the petitioner may be examined by the concerned Court - Only if, it finds any need to direct further investigation, it may so do it in accordance with law bearing in mind the findings and observations of the Apex Court in its decision - Application disposed of. (Para 17)
Sonia Gokani, J.
This revision application is preferred, under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, by the applicant revisionist, Ms. Zakia Ahsan Jafri, aggrieved by the judgment and order passed by the learned Metropolitan Magistrate, Dated 26.12.2013, in relation to the directions issued by the Hon'ble Apex Court in Special Leave Petition (Criminal) No. 1088 of 2008 and clarificatory order rendered in SLP 8989 of 2013 dated 07.02.2013 in connection with the complaint dated 08.06.2006 made by the present applicant in pursuance of the directions issued by the Apex Court on 12.09.2011 and 07.02.2013.
FACTS OF THE CASE:
2.0 Factual matrix leading to the present revision application shall be needed to be capsulized at this stage.
In the aftermath of the Godhra incident of 27.02.2002(where due to burning of the train, 59 persons were killed), the violence racked 14 districts of the State of Gujarat, leading to loss of thousands of lives and also registration of various complaints in different parts of the State. National Human Rights Commission, New Delhi (for short, 'NHRC'), gave its interim report between 01.03.2002 to July, 2002 and Shri K.P.S. Gill, in the month of May, 2002, was sent by the Central Government to quell the disturbance, which continued for a long time.
2.1 Citizens for Justice and Peace preferred a petition before the Apex Court, seeking the transfer of investigation of major incidents to the Central Bureau of Investigation ('CBI' in brief), on the basis of the report of the NHRC. Report of the All Party Parliamentary Committee and of the Central Election Commission on the strength of the report of the State Intelligence Bureau and that of the Addl. Director General of Police came in the month of August, 2002. Thereafter, the report of Citizens' Tribunal, Crimes Against Humanity, 2002, was given by the Committee headed by Hon'ble Mr. Justice V.R. Krishna Iyer, Hon'ble Mr. Justice P.B. Sawant (Both former Judges of the Supreme Court of India), Mr. Justice Hosbet Suresh (Former Judge High Court of Bombay).
In the meantime, on account of acquittal of the accused in 'Best Bakery Case' by the Sessions Court, Vadodara, on 27.06.2003, NHRC filed a petition for retrial and transfer of the said case from Gujarat and some of the witnesses of the said case also filed SLP before the Apex Court.
2.2 In the month of November, 2003, a notice came to be issued by the Apex Court in T.P. (Criminal) 194-2002 of 2003, and thereby, the Apex Court stayed 8 major trials, i.e. (1) Godhra Train Carnage Case, (2) Sardarpura, (3) Gulberg Society Case, Meghaninagar, (4) Naroda Patiya case, (5) Dipda Darwaja Case, (6) Oad Massacre Matter, Anand, (7) British Nationals' killing case and (8) Naroda Village case. The investigation, in the case of Bilkis Banu, was transferred to CBI and the Sessions Case was also transferred to Mumbai, which was numbered as Sessions Case No. 634 of 2004 [Old Sessions Case No. 634/2004). The Apex Court also, in the month of April, 2004, transferred the trial of 'Best Bakery Case' to Mumbai, quashing and setting aside the impugned judgment and order of this Court in that matter.
2.3 In the aforesaid background, the original complainant filed a complaint dated 08.06.2006 before the Addl. Director General of Police, alleging against 62 persons, politicians, bureaucrats and police officers, who are arraigned as accused. They are alleged to have aided and abated the co-accused involved in mass carnage, which shook the entire country between February to May, 2002. It was alleged that the deliberate and intentional failure on the part of the State Government to protect the lives and properties of the innocent citizens of the country through a well executed conspiracy amongst the accused named in the said complaint, resulted in the breakdown of the constitutional governan
