Supreme Court terms infructuous, closes 11 pleas related to Gujarat riots
New Delhi, Aug 30: Terming as infructuous, the Supreme Court on Tuesday closed as many as 11 petitions, including the one filed by the National Human Rights Commission (NHRC), almost 20 years ago seeking an independent probe into the 2002 Gujarat riots cases.
Besides NHRC, organisations like Citizens for Justice and Peace' (CJP) of activist Teesta Setalvad, had then moved the top court seeking various reliefs, including a court-monitored probe of the riots.
A bench comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and J B Pardiwala considered the submissions of senior advocate Mukul Rohatgi, the counsel for the court-appointed Special Investigation Team (SIT), and the lawyers of various petitioners including Aparna Bhat, appearing for the CJP, and said there was nothing left to be decided in these pleas now.
Since all the matters have now become infructuous, this court is of the view that this court need not entertain these petitions any longer. The matters are therefore disposed of as having become infructuous, the bench ruled.
The bench took note of the submission of the SIT that the trial in 'Naroda gaon' riots case, one of the nine cases which were probed and prosecuted by the SIT, was in the final stages in the trial court, while other matters have been decided by the lower courts and are pending in appellate stages either in the Gujarat High Court or in the apex court.
It is however directed that the trial with respect to Naroda gaon be taken to conclusion in accordance with law and to that extent, the SIT appointed by this court, is certainly entitled to take appropriate steps in accordance with law, it said.
Referring to the cases, it said an appeal was filed in the apex court in 2002 seeking a CBI probe into the riots.
Around the same time, the NHRC also preferred a plea before the top court, and under the directions of the bench, an SIT was constituted and asked to conduct and monitor the investigation in nine major riots cases.
The bench took note of an order of 2018 observing that the purpose of these pleas have been served and they can be disposed of. Ms Aparna Bhat, Ejaz Maqbool and Amit Sharma, appearing for petitioners in connected matters, have also fairly assented that the matters have now become infructuous, it noted in the order.
The court took note of the submission that one remaining aspect was the prayer for restoration of protection for Teesta Setalvad, who is currently in jail.
As regards to the issue of protection, which was prayed for by Teesta Setalwad, we give liberty to her to make an appropriate prayer and move an application before the concerned authority. As and when such an application is made, the same shall be dealt in accordance with law, it ordered.
Recently, another bench of the apex court upheld the SIT's clean chit to then Gujarat chief minister Narendra Modi and 63 others in the 2002 riots and said there is no tittle of material to support the allegation that violence after the Godhra incident was a pre-planned event" owing to the conspiracy hatched at the highest level in the state.
The state had witnessed widespread communal riots which started on February 28, 2002, a day after the Godhra train burning incident that claimed 59 lives.
The riots that it triggered killed 1,044 people. Giving details, the Central government informed the Rajya Sabha in May 2005 that 254 Hindus and 790 Muslims were killed in the post-Godhra riots.
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National Herald case: Shivakumar to seek time next week to appear before Delhi police
New Delhi/Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Monday said he will ask for time from Delhi police to appear before them next week, to provide required information as part of the probe into the National Herald case.
He said he will seek time after the ongoing winter session of Karnataka legislature ends on December 19. He will also ask the Delhi police to provide him the FIR copy.
Shivakumar, who is in the national capital, had earlier said that he will appear before the Delhi police on Monday. But, he postponed the plan in order to rush back to Karnataka to participate in the last rites of veteran Congress leader Shamanuru Shivashankarappa, scheduled later in the day in Davangere.
"I had to go (to appear before the Delhi police), but I have to go back urgently. I'm asking them for time, stating that I will come next week," Shivakumar told reporters in New Delhi.
"They (Delhi police) have not attached the FIR copy while issuing notice to me. I need FIR copy, because we had already given all the required replies to the ED. I don't know what the FIR says, I only read in papers. They have given notice, I will ask for a FIR copy. I will come next week after the Assembly session."
The Delhi Police had issued a notice to Shivakumar, who is also the Karnataka Congress chief, seeking financial and transactional details as part of its probe into the National Herald case.
The notice issued by the Economic Offences Wing (EOW) states that Shivakumar is "supposed to be having vital information" pertaining to the National Herald case registered on October 3 this year, against top Congress leaders Sonia Gandhi and Rahul Gandhi.
In the notice dated November 29, the EOW had asked Shivakumar to appear before it or provide the requested information by December 19 latest.
Investigators have sought details about his personal background, his association with the Congress party, and a complete break up of funds allegedly transferred by him or associated entities to Young Indian.
To a question on meeting AICC General Secretaries K C Venugopal and Randeep Singh Surjewala, amid the ongoing power tussle between him and CM Siddaramaiah over the Chief Minister post, Shivakumar said when he comes to Delhi, he usually meets every one.
"Whether it is Surjewala or Kharge (AICC President Mallikarjun Kharge) or Venugopal, I will meet everyone. During lunch yesterday I met Rahul Gandhi and Sonia Gandhi. I have met everyone. What's wrong?" he asked.
Shivakumar was in Delhi to take part in Congress' "Vote Chori" rally on Sunday, and had also participated in the lunch organised by the party for its leaders.
Responding to a question, whether any meeting is planned with leaders today, the Deputy CM said, he and Kharge will be travelling together to Karnataka, to pay last respects to Shamanuru Shivashankarappa.
Asked if he will seek time for a separate meeting with Congress leadership including Rahul Gandhi, during the next visit to Delhi, Sivakumar said, "such things will be there between us in the party.... you don't worry."
