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2004 DIGILAW 596 (SC)

NATIONAL HUMAN RIGHTS COMMISSION v. STATE OF GUJARAT

2004-04-21

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

body2004
Order TPs (Crl.) Nos. 326-29 of 2003 1. Issue notice on these amended petitions. 2. In addition to normal mode of service, the respondent-accused shall also be served by dasti through the office of the Director General of Police, Gujarat. Along with the notice, a copy of the transfer petitions shall also be served on all the accused and the acknowledgment of receipt of such notice shall be filed along with the affidavit of service in this Court. TPs (Crl.) Nos. 66-72 of 2004 3. The application for amendment is allowed. Issue notice on the amended petition. 4. Let the unserved respondents be served dasti in addition to the normal mode of service through the office of the Director General of Police, Gujarat within a period of six weeks. The notice shall indicate that the accused who intend to file counter-affidavit, may do so within a period of four weeks from the date of receipt of such notice. TP (Crl.) No. 43 of 2004 5. Issue notice. The petitioner is permitted to amend the transfer petition. In case any such application is filed, notice shall also go to the respondent-accused. Tag with Transfer Petitions (Crl.) Nos. 194-202 of 2003. 6. In addition to the aforesaid, notice in all the above matters shall also be published in two daily newspapers consecutively for two days; one Sandesh (in Gujarati) and the other The Times of India (in English). This exercise may also be completed by the State of Gujarat within a period of six weeks. 7. List these matters on 3-8-2004, along with TPs (Crl.) Nos. 194-202 of 2003, before a Bench of Hon'ble Ms Justice Ruma Pal, Hon'ble Mr Justice S.B. Sinha and Hon'ble Mr Justice S.H. Kapadia. WP (Crl.) No. 109 of 2003 8. Issue notice to all the States and Union Territories confined only to the question of protection to the witnesses in the criminal cases. List this petition on 12-7-2004 for directions. Crl. MPs Nos. 8198 and 8165 of 2003 in SLP (Crl.) No. 3770 of 2003 9. Shri K.N. Raval, learned Solicitor General, stated that the Government of India has already passed an order providing security to Ms Teesta Setalvad. So far as Suhel Tirmizi and Raees Khan Azeezkhan Pathan are concerned, we direct the Director General of Police, Gujarat to provide adequate personal security. Let this order be complied with forthwith. Shri K.N. Raval, learned Solicitor General, stated that the Government of India has already passed an order providing security to Ms Teesta Setalvad. So far as Suhel Tirmizi and Raees Khan Azeezkhan Pathan are concerned, we direct the Director General of Police, Gujarat to provide adequate personal security. Let this order be complied with forthwith. The criminal miscellaneous petitions are disposed of. 10. Let a note dated 27-2-2004, filed in WP (Crl.) No. 109 of 2003, of the learned amicus curiae be treated as criminal miscellaneous petition. Issue notice. 11. Notice has been accepted by Ms Sushma Suri, learned counsel. List this petition on 5-5-2004. Criminal Miscellaneous Petitions Nos. 3740-42 of 2004, Writ Petition (C) No. 221 of 2002, Writ Petitions (Criminal) Nos. 284 of 2003, 37-52 of 2002 and 11-15 of 2003 12. List on 6-8-2004. SLP (Crl.) No. 4409 of 2003 and Writ Petition (Crl.) No. 216 of 2003 13. List on 3-8-2004. SLP (Crl.) No. 3770 of 2003 14. List on 12-7-2004.