VIRAJ TRA DESAI VERSUS STATE OF GUJARAT & ORS.

VIRAJ TRA DESAI VERSUS STATE OF GUJARAT & ORS.

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

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IN THE SUPREME COURT OF INDIA

CIVIL/CRIMINAL APPELLATE/ORIGINAL JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO.7951 OF 2002

VIRAJ TRA DESAI Petitioner

VERSUS

STATE OF GUJARAT & ORS. Respondents

WITH

TRANSFER PETITION (CRIMINAL) NO.194-202 OF 2003

SPECIAL LEAVE PETITION (CRIMINAL) NO.2833 OF 2015

WRIT PETITION (CRIMINAL) NO.37-52 OF 2002

WRIT PETITION (CRIMINAL) NO.284 OF 2003

TRANSFER PETITION (CRIMINAL) NO.43 OF 2004

TRANSFER PETITION (CRIMINAL) NOS.66-72 OF 2004

WRIT PETITION (CRIMINAL) NO.216 OF 2003

SPECIAL LEAVE PETITION (CRIMINAL) NO.4409 OF 2003

WRIT PETITION (CRIMINAL) DIARY NO.17953 OF 2003

SPECIAL LEAVE PETITION (CRIMINAL) NO.3770 OF 2003

O R D E R

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,

the instant petition was preferred.

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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,

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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

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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.

 ...........................CJI.

 (Uday Umesh Lalit)

 ............................J.

 (S. Ravindra Bhat)

............................J.

 (J.B. Pardiwala)

New Delhi,

August 30, 2022