PolitiClone
Political Pundits? India
Showing posts with label Supreme Court. Show all posts

SC fast-tracks Gujarat riots case

8:30 AM
New Delhi, May 1 : The Supreme Court today lifted the stay on trial of 2002 Gujarat riots cases and directed the setting up of fast track courts for holding it on a day-to-day basis.

The apex court ordered the setting up of designated courts for riot cases in Ahmedabad, Anand, Sabarkanta, Mehsana and Gulbarga districts.

A bench headed by Justice Arijit Pasayat said it was necessary to hold day-to-day trial considering the fact that seven years have passed.

The court took into consideration the report filed by Special Investigation Team (SIT) headed by former CBI director R K Raghavan which probed the cases.

The court said the Chief Justice of Gujarat High Court will appoint expert lawyers in criminal trial as public prosecutors for the trial of cases.

The bench said it would be open for the chairman of the SIT to seek change of public prosecutors if any deficiency was found during the trial.

Further the chairman of SIT can make a request to the Advocate General of the state on the appointment of assistant public prosecutors to assist the public prosecutors, it said.

The SIT and its chairman will keep track of the trial and file quarterly report to the apex court.

The apex court also gave liberty to the SIT to recommend the cancellation of bail if it is considered necessary. Expressing "happiness" over the court's order, Raghavan said, "I think it is going to facilitate the work of the SIT in Gujarat. I look forward to further work in that direction."

He said, "It is very humbling to know that the apex court has so much trust in me" and added that the court wanted him to ensure that witnesses were given due protection.

Earlier on April 27, the apex court had asked the Special Investigation Team (SIT) to probe the role of 64 people, including that of Gujarat Chief Minister Narendra Modi in the cases.

The apex court order was passed in response to a petition filed by Congress parliamentarian Ehsaan Jaffery.

The court asked the SIT to submit the report within three months.

The order came over two months after Gujarat High Court Judge AS Dave declined to hear a SIT petition that challenged the anticipatory bail granted to State Minister Maya Kodnani and the former VHP leader Jaydeep Patel in connection with the Godhra case.

The SIT had moved the Gujarat High Court and challenged the anticipatory bail granted by a lower court to Kodnani and Patel, in the post-Godhra and Naroda Gram riot cases.

The apex court had constituted a five-member SIT to re-investigate the post-Godhra communal riots.

The SIT is reinvestigating into nine post- Godhra riot cases and was expected to submit its report to the apex court by February 15.

Several prominent leaders like, Maya Kodnani of BJP and Jaydeep Patel of Vishwa Hindu Parishad are at the center of investigation, following many witnesses naming them in their statements in the Naroda Gam riot case.

The SIT had filed a 300-page supplementary chargesheet against 24 people in the Naroda Gam case in which 11 people, belonging to the minority community, were killed by a mob during the riots.

The accused include Fula Vyas of VHP, local BJP leader Jitendra Patel and ex-BJP municipal councilor Ashok Patel.

The SIT has also filed a second charge sheet in Naroda Patiya case against 15 accused, where over 80 people were killed during the Godhra riots.

The third chargesheet in the Gulburg society case, named some VHP and BJP leaders in the list of absconders among the 14 accused, where 38 people were killed.

The five-member SIT team is headed by R. Raghavan, and includes former Deputy General of Police C.D. Satpathy and three Indian Police officers -- Geetha Johri, Shivanand Jha and Ashish Bhatia.

Each chapter in the report is being carefully drafted and separate reports are being prepared for each of the nine cases.
Read On

Apex court seeks justification for detaining Varun

2:43 AM
NEW DELHI: The Supreme Court Thursday issued notice to the Uttar Pradesh government seeking justification for detaining Bharatiya Janata Party leader Varun Gandhi under the National Security Act (NSA).

A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam, after issuing the notice to the state government, adjourned the matter to April 13 for the next hearing. Varun Gandhi, who was put in jail March 28 for his alleged hate speeches, had Wednesday approached the apex court to challenge his detention under the NSA.

The bench also indicated that releasing Varun Gandhi on bail a few days before the last date of filing nominations from the Pilibhit parliamentary constituency in Uttar Pradesh April 16 should not be a problem.

"The nomination should not be a problem," observed the chief justice while hearing his lawyer and former additional solicitor general Mukul Rohtagi's plea to quash the invocation of the preventive detention act, NSA, against his client.

In his plea, Rohtagi cited several alleged illegalities resorted to by the Uttar Pradesh government in invoking NSA against Varun Gandhi.

NSA was slapped against Varun Gandhi for 'inciting violence' prior to his arrest in Pilibhit. He was moved to Uttar Pradesh's Etah jail early Wednesday from Pilibhit for security reasons.
Read On

SC postpones hearing on Mulayam’s plea

12:34 PM
New Delhi, Apr 2 : The Supreme Court on Wednesday postponed the hearing on the petition filed by Uttar Pradesh Chief Minister Mulayam Singh Yadav and his family members challenging the institution of an inquiry by the Central Bureau of Investigation (CBI) in the disproportionate assets case.

sc-postpones-hearing-on-mulayams-plea

A Bench of Justices Altmas Kabir and H L Dattu delayed the hearing as the judgment of a Constitution Bench on the authenticity of the court ordering CBI probe is awaited in the first week of May.

Yadav, along with his two sons, Akhilesh Yadav and Prateek Yadav and his daughter-in-law Dimple Yadav, had filed a review petition questioning the Supreme Court”’’s earlier directive to the CBI to investigate the disproportionate assets case as claimed in a Public Interest Litigation (PIL).

The PIL was filed by Vishwanath Chaturvedi, an advocate, seeking probe into the disproportionate assets accumulated by Yadav and his family members.

The Constitution Bench has to judge the power of High Courts and the Supreme Court to order a CBI inquiry.

The petitioners argue that under the Delhi Police (Special) Establishments Act, only the Union Government can order the CBI probe with the consent of the respective state governments.
Read On

CBI to file supplementary report on MP Subba's citizenship

8:48 AM
New Delhi, Jan 5 : The CBI on Monday told the Supreme Court that it will file a supplementary report on the citizenship of Congress MP from Assam, Mani Kumar Subba, whose nationality has come under a cloud after an initial probe revealed that he obtained his birth certificate in a fraudulent manner.

Additional Solicitor General Gopal Subramanium said there was a need to investigate what was stated in the affidavit filed by Subba on the issue of his nationality.

A Bench headed by Chief Justice K G Balakrishnan granted six weeks to the CBI to file the supplementary report.

Senior advocate Abhishek Manu Singhvi, appearing for the controversial MP from Tezpur, said three certificates have been procured from Nepal and it would be appropriate for the investigating agency to look into the matter.

The PIL filed by a Noida resident, Birendra Nath Singh, in 2005 had alleged that the Lok Sabha MP and lottery baron had come to India after a murder case was registered against him in Nepal in early 1970s.

His counsel Ambhoj Kumar Sinha contended that when the CBI had come to the conclusion that Subba has fraudulently obtained the birth certificate to establish his nationality he did not deserve any sympathy.

The Bench said the prayer for probe into the MPs citizenship was granted but it cannot unseat him from Parliament.

"This prayer for disqualification (as MP) cannot be granted," the Bench said adding that the procedure for disqualification can only be initiated according to the provision of Article 103 of the Constitution.

"You may go to President for appropriate remedy," the Bench said.
Read On

My Blog List


PolitiClone Comments

Recent Posts

PolitiClone

Blog Archive

Visitors