National Human Rights Commission v. State of Gujarat
2006-07-11
D.K.JAIN, K.G.BALAKRISHNAN, TARUN CHATTERJEE
body2006
DigiLaw.ai
ORDER : 1. About 14 crimes had been registered by the police in the State of Gujarat. Investigation was conducted and offences triable by the Court of Sessions were found to have been committed and report under Section 173 of Criminal Procedure Code was filed and some of the cases have already been committed to the Sessions Court and some cases are pending committal proceeding. Meanwhile, some of the persons, who are interested in these cases, filed application for further investigation of the case and they allege that the FIR was not properly recorded and some important witnesses have not been questioned by the police and that there was no proper investigation of these cases. Some of the petitions filed before 5 us by the interested parties it is urged that the trial of these cases should be held in the courts outside the State of Gujarat and they have filed applications for transfer of these cases. The allegations made in these cases as well as in the transfer petitions have been stoutly denied by the State of Gujarat. It is alleged that these persons have filed false affidavits to protract the proceedings and the averments above mentioned contained in these affidavits are not correct. 2. There are voluminous materials filed in these cases and the main question to be decided is whether these cases have been properly investigated by the police. To find out whether the investigation had been done properly, the records have to be scrutinised and the nature of the objections filed by the interested parties also to be looked into. We require the assistance of an experienced judicial officer who has been conducting such cases especially cases involving serious crimes punishable under the penal code. Unless these materials are scrutinised and a report is given in respect of each case, we may not be able to properly take a decision on this aspect. 3. Hence we require the assistance of a senior Additional District and Sessions Judge working in the Delhi Judicial Service. We request the Chief Justice of the Delhi High Court to give the assistance of a senior Additional District and Sessions Judge to go through the papers and give a brief report in respect of each case.
3. Hence we require the assistance of a senior Additional District and Sessions Judge working in the Delhi Judicial Service. We request the Chief Justice of the Delhi High Court to give the assistance of a senior Additional District and Sessions Judge to go through the papers and give a brief report in respect of each case. The services of the Sessions Judge be made available in the week commencing on 17th July, 2006 and his service would be required at least for four weeks. The Registry of this Court will give all assistance to the Additional District and Sessions Judge to verify the papers and he would give a brief report in respect of each case. The Sessions Judge would be at liberty to seek any clarification from the counsel appearing for these parties in these proceedings. The Additional Sessions Judge shall submit his report by 20th August, 2006. 4. Post the matter on 29th August, 2006. 5. Issue notice in I.A.No.4485 in SLP(C)3770/03. 6. The Registrar General to take further steps in the matter and copy of this order be sent to the Acting Chief Justice of the High Court of Delhi with covering letter.