A three-judge bench of the Supreme Court on Tuesday disposed of a batch of 11 petitions seeking the top court’s intervention in the post-Godhra riots case in Gujarat. The bench, led by Chief Justice of India UU Lalit, noted that in view of the subsequent developments in the matter, it was of the view that the petitions, pending since 2002-03, need not be entertained as they had become infructuous.
The apex court bench also comprising Justice S Ravindra Bhat and JB Pardiwala noted that the Gujarat High Court had already denied the prayer in the main plea to transfer the probe into the post-Godhra riots case to the CBI. There was also a petition filed by the National Human Rights Commission (NHRC), the court said.
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The court further noted that a Special Investigation Team had been set up on the orders of the top court after considering these matters and tasked it with the responsibility of conducting the investigations and prosecuting nine major trials.
Appearing for the SIT, senior advocate Mukul Rohatgi informed the court that the trial court has already concluded trial in eight of these 9 cases, while the only case where the trial is pending, where it is in the final stages of arguments, is in the Naroda Gaon case.
Hearing the plea, the court noted that the counsel appearing for the petitioners has also “fairly accepted that the matters have now become infructuous”, adding that the only matter where a prayer may perhaps require consideration pertains to the restoration of protection to Mumbai-based activist Teesta Setalvad.
“Since all the matters have now become infructuous, this court is of the view that it need not entertain these petitions any longer. Disposed of as having become infructuous,” ordered the bench, according to The Indian Express.
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The top court, however, directed that the trial in the Naroda Gaon case is completed in accordance with law and that the SIT may take appropriate steps in this regard.
The court also referred to the prayer for restoring protection from arrest for Teesta Setalvad, and noted that she is at liberty to make appropriate prayer to the concerned authority. If such an application is received, the authority will deal with it in accordance with the law, the court said.
