SC lifts stay on Gujarat riot cases, bar Gulberg society
Thursday, October 21, 2010 10:43:34 PM, IANS
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New Delhi:
The Supreme Court Tuesday sought the Gujarat government's response
on a petition seeking change of the judge conducting the trial in
2002 Gulberg Society massacre case, while revoking its bar on
pronouncement of verdicts in other cases of the 2002 Gujarat
riots.
The plea to change the judge was filed by Zakia Jaffri, widow of
former Congress MP Ehsan Jaffri who was murdered along with 68
others in the attack on the Gulberg Society during the 2002
Gujarat riots.
Continuing its stay on the trial in the Gulberg Society massacre
case, the special bench of Justice D.K.Jain, Justice P.Sathasivam
and Justice Aftab Alam, however, cleared the decks for
pronouncement of the judgment in the Godhra train carnage case and
said that the trial in other riot-related cases would continue
till verdict were delivered.
The Speial Investigating Team has been asked to complete its
investigation in the Gulberg Society massacre by next hearing of
the case Dec 2.
The apex court May 6, while permitting the trial in nine Godhra
and post-Godhra cases, restrained the trial courts from
pronouncing any verdict till it decided on the allegation that
investigators were not supporting the public prosecutors in the
trial of the cases.
In response to the allegations, the apex court asked Deputy
Inspector General of Police A.K.Malhotra, a member of R.K.Raghvan-headed
Special Investigating Team (SIT), to look into the complaint by
the petitioner, Teesta Setalvad, representing Citizens for Justice
and Peace.
"DIG Malhotra has given us the report and we are satisfied and
except for Gulberg Society case, the stay is vacated in all other
cases," said the bench.
In another related development, senior counsel Prashant Bhushan
Tuesday recused himself as amicus curiae in the Gulberg Society
case.
Prashant Bhushan was appointed amicus curiae by the apex court
bench headed by Justice Arijit Pasayat (since retired) March 3,
2008.
He withdrew after the Gujarat government moved an application
saying that he had expressed "very strong views" on the post-Godhra
riots and their handling by the state government.
Bhushan told the court that he was a human right activist and has
strong views on what happened during Gujarat riots and
subsequently.
As amicus curiae, Bhushan had suggested that the Gulberg Society
case required to be referred to the CBI.
The Gujarat government said that after holding such strong views,
Bhushan "may not be suitable for rendering any effective,
meaningful, objective and neutral assistance to the court".
Justice Aftab Alam asked Bhushan if he could make distinction
between his role as a human rights activist and a senior lawyer,
then he could continue in his present role as amicus curiae.
Justice Jain said that being a mature person who can assess the
position from all dimensions, it was for him to take the final
call on the state government application seeking change of amicus
curiae.
When Bhushan said that he had strong views and certainly had a way
of looking at the things, the court said that for this reason, it
wanted him to decide. "It is purely your decision," the court told
Bhushan.
At this, Bhushan said, "It would be safer that I don't continue as
amicus curiae in the matter". The plea was recorded by the court.
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