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2004 DIGILAW 299 (SC)

National Human Rights Commission v. State of Gujarat

2004-02-27

S.B.SINHA, S.H.KAPADIA, V.N.KHARE

body2004
ORDER : V.N. Khare, CJI. WP(Crl.) No. 109/2003, TP(Crl.) Nos. 194-202/2003 & 326-329/2003, WP(Crl.) No. D17953/2003, SLP(Crl.) No. 3770/2003, SLP(C) No. 7951/2002, WP(Crl.) Nos. 11-15/2003, WP(C) No 310/1996, SLP(Crl.) No. 4409/2003, WP(Crl.) No. 216/2003 and TP(Crl.) No. 66-72/2004. 1. Shri Harish N Salve, the learned Amicus Curiae has given particulars of the cases in his letter dated 3.2.2004, documents of which are required to be made available to him by the State of Gujarat. Learned counsel appearing for the State of Gujarat shall hand over, within two weeks, all the relevant papers/documents relating to the cases the particulars of which are given in the said letter to Shri Bhargava V Desai, Adv., who is assisting Shri Harish N Salve. 2. List all these matters on 2nd April, 2004. 3. Shri Mukul Rohtagi, learned Additional Solicitor General appearing for the State of Gujarat states that the State of Gujarat is filing appeals before the High Court in appropriate cases against the grant of bail by the Session Court in the eight session trials which have been stayed by this Court. 4. We may clarify that pendency of these proceedings shall not preclude the High Court from entertaining and deciding any appeal filed against grant or refusal of bail by the Session Courts and also to consider other bail matters which are pending before the High Court. 5. The learned Amicus Curiae has submitted a further note today to this Court and para 8 of the said note is in regard to entrusting the Union of India with the responsibility of providing appropriate protection to all the witnesses involved in the major trials in the State of Gujarat (including the Bilkis' case) in the manner which they consider appropriate including wherever necessary by resort to the Central forces. Learned Solicitor General prays for and is allowed three weeks' time to file a response thereto. This note of the learned Amicus Curiae to be taken on record and be put up on 15th March, 2004. 6. A compilation of representations has been submitted in Court today. Let a copy of Crl.M.P. No. 8165/2003 in SLP(C) No. 3770/03 along with a copy of the above compilation be given to the learned Additional Solicitor General and also to the Standing Counsel for the State of Gujarat. Put up this matter also on 15th March, 2004. WP(C) No. 212/2002, WP(Crl.) Nos. 37-52/2002 and WP(C) No.530/2002. 7. Let a copy of Crl.M.P. No. 8165/2003 in SLP(C) No. 3770/03 along with a copy of the above compilation be given to the learned Additional Solicitor General and also to the Standing Counsel for the State of Gujarat. Put up this matter also on 15th March, 2004. WP(C) No. 212/2002, WP(Crl.) Nos. 37-52/2002 and WP(C) No.530/2002. 7. List these matters on 2nd April, 2004 except I.A. Nos. 13-14 in WP(C) No. 212/2002 which shall be listed on 8th March, 2004. By that time, learned senior counsel appearing for the petitioners in WP(C) No. 221/2002 shall obtain instructions as regards the order passed by the Sessions Court lifting restrictions on movements of Ms. Mallika Sarabhai. WP(Crl.) No. 284/2003 & TP(Crl.) No. 43/2004. 8. Learned Additional Solicitor General appearing for the State of Gujarat states that by 8th March, 2004, the State shall furnish particulars of the cases in which the State proposes to file appeal against grant of bail. List these matters on 8th March, 2004. SLP(Crl.) No. 5309/2003. 9. List this petition on 2nd April, 2004.