Prayer for transfer of investigation to Central
Bureau of Investigation having been negated by the
Division Bench of the High Court vide its Order dated
05.04.2002 in Special Civil Application No.3755 of 2002,
Around the same time, Writ Petition (Criminal)
No.109 of 2003 at the instance of the National Human
Rights Commission was also filed in this Court.
While considering these matters, directions were
issued by this Court constituting a Special
Investigating Team which was entrusted with the task of
investigating and prosecuting nine major trials in the
State of Gujarat.
Mr. Mukul Rohatgi, learned Senior Advocate has
invited our attention to the Order dated 23.07.2018
passed by this Court which noted that the purpose of the
petition having been served, no further orders were
required and accordingly, Writ Petition (Criminal)
No.109 of 2003 was disposed of.
Mr. Rohatgi submits that eight out of these nine
major trials were concluded by the Trial Court and the
matters are either pending in the High Court or in this
Court in the form of appeal or further appeals arising
therefrom. It is submitted that only one matter, namely,
matter pertaining to Naroda Gaam area, the trial is
still pending and is at the stage of final arguments.
Ms. Aparna Bhat, Mr. Ejaz Maqbool and Mr. Amit
Sharma, learned Advocates appearing for the petitioners
in connected matters have fairly accepted that the
matters have now become infructuous.
According to Ms. Bhat, only one issue where a
prayer for restoration of protection to Ms. Teesta
Setalvad was made, may still require consideration.
In view of these submissions and the developments
indicated above, 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.
It is however directed that the trial with respect
to Naroda Gaam be taken to logical conclusion in
accordance with law and to that extent, the Special
Investigating Team appointed by this Court shall
certainly be entitled to take appropriate steps in
accordance with law.
As regards the issue of protection which was prayed
by Ms. Teesta Setalvad, we give liberty to her to make
an appropriate application before the concerned
authorities. As and when such an application is made,
the same shall be dealt with in accordance with law.
With these observations, the Special Leave
Petitions and other connected matters are disposed of.
(Uday Umesh Lalit)
(S. Ravindra Bhat)
(J.B. Pardiwala) New Delhi, August 30, 2022