National Human Rights Commission v. State of Gujarat
2010-08-19
AFTAB ALAM, D.K.JAIN, P.SATHASIVAM
body2010
DigiLaw.ai
JUDGMENT : 1. Order dated 14th May, 2010, on the communication dated 11th May, 2010 received from the office of the Chairman, Special Investigation Team, was passed in the Chambers, when learned counsel for the parties were not present. However, inadvertently, in the said proceedings for that date presence of the counsel has been recorded. We order that in the proceedings dated 14th May, 2010, names of the counsel shall be treated as deleted and the proceedings shall stand corrected to that extent. 2. A progress report dated 5th August, 2010 regarding the nine under-trial cases investigated by the SIT, for the quarter ending July, 2010 has been filed by the Chairman, Special Investigation Team. The same is taken on record. A copy of the said report shall be supplied to Mr. Harish N. Salve, the learned Amicus Curiae. In the progress report, relating to Sessions Cases registered at Meghaninagar, Police Station 1 (C.R. No. 67/2002), the Supervisory Officer has commented that Mr. R.C. Kodekar, the Special Public Prosecutor had complained to him that Ms. Teesta Setalvad had spoken with him from her Mobile in connection with some court proceedings in a threatening tone. Ms. Teesta Setalvad is present in Court. While admitting that she did have a talk with Mr. Kodekar, states that it was in connection with the complaint of a victim and not on the subject referred to in the report. In view of the explanation furnished, we do not propose to pursue the matter further. Nevertheless, we direct that henceforth nobody, except the Chairman or the Members of the SIT, will be in contact with the Special Public prosecutors appointed under the directions of this Court to conduct trials in various cases. Similarly, if the Public Prosecutors want some inputs or face any difficulty, they can get in touch only with the Chairman, SIT, for redress of the same. 3. A letter has been received from one Mr. Jaspal Singh, IPS (retired), seeking certain directions. No such letters can be entertained. Accordingly, we decline to take cognizance of the said letter. 4. We do not find any ground to modify our order dated 14th May, 2010. The application is dismissed accordingly. Crl. M.P. No. 13912 in W.P. (Crl.) No. 109 of 2003 5.
Jaspal Singh, IPS (retired), seeking certain directions. No such letters can be entertained. Accordingly, we decline to take cognizance of the said letter. 4. We do not find any ground to modify our order dated 14th May, 2010. The application is dismissed accordingly. Crl. M.P. No. 13912 in W.P. (Crl.) No. 109 of 2003 5. In view of order in the unnumbered application in W.P. (Crl.) No. 109 of 2003, no further orders are called for in this application. The same stands disposed of accordingly. S.L.P. (Crl.) No. 1088 of 2008 6. Pursuant to the order passed by this Court on 27th April, 2009, an inquiry report has been submitted by Shri A.K. Malhotra, a member of the Special Investigation Team (SIT). The report is accompanied by the comments of the Chairman, SIT. Let a copy of the inquiry report as also the comments of the Chairman be supplied to Mr. Prashant Bhushan, the learned Amicus Curiae appointed to assist us in the case, in a sealed cover. In the meantime, the SIT may proceed with further investigations as suggested in the report. 7. A letter has been received from Shri Ashish Bhatia, Inspector General of Police and Convener and Member of SIT, seeking clarification/direction as to whether the statement- of Shri Narendra Modi, Chief Minister of Gujarat, recorded by the SIT during the course of investigation ordered by this Court be produced before Justice Nanavati and Justice Mehta Commission of Inquiry, pursuant to their communication dated 12th May, 2010. 8. We order that the said statement shall not be supplied to the said Commission. We further direct that the SIT shall not divulge any information collected by it during the course of investigations, directed by this Court to anyone, except to the trial Court and the Public Prosecutor concerned, if such an occasion arises, without the leave of this Court. 9. List for further orders on 30th September, 2010 at 2.00 p.m. 10. An intimation has been received from Mr. K.K. Raghavan, Chairman, SIT about the joining of Shri Y.C. Modi, I.P.S. as member of the SIT pursuant to our order dated 14th May, 2010, however, in the said letter, it is pointed out that another officer, namely, Dr. K. Venkatesam from the Maharashtra cadre, who has also been selected to join the SIT, has not yet been relieved by the State of Maharashtra. Mr.
K. Venkatesam from the Maharashtra cadre, who has also been selected to join the SIT, has not yet been relieved by the State of Maharashtra. Mr. Raghavan, who is present in Court, states that as per his information, the Government of Maharashtra is not willing to relieve the said officer. Under the circumstances, let a notice issue to the State of Maharashtra through Secretary (Home) to show cause as to why a direction be not issued to them to relieve the said officer to join the Special Investigation Team, constituted by this Court. Response to the notice shall be filed within a week. List for further directions after one week at 3.45 p.m. Crl. M.P. No. 21849 in S.L.P. (Crl.) No. 1088/2008 11. List on 30th September, 2010. Crl. M.P. Nos. 17620-17621/2010 12. Let both the applications stand over for the time being. Crl. M.P. No. 19816 of 2009 in W.P. (Crl.) Nos. 37-52 of 2002 13. Pursuant to our order dated 6th May, 2010, Mr. A.K. Malhotra, Member, SIT, has examined the police records in the possession of the SIT and has submitted a report about the veracity of the explanation given by the SIT on each of the points raised in the application. Let a copy of the said report along with the conclusions drawn by Mr. A.K. Malhotra, he supplied to Mr. Harish N. Salve, the learned Amicus Curiae. 14. List on 30th September, 2010. 15. All the reports shall be kept in scaled covers.