The Supreme Court on Thursday refused to stay the trial of nine Godhra and post-Godhra riot cases, but restrained trial courts from pronouncing judgment after evidence was recorded.
A Bench of Justices D.K. Jain, P. Sathasivam and Aftab Alam said: “The trial court shall proceed with the trial, but no judgment shall be pronounced.”
It was hearing petitions filed by the Citizens for Justice and Peace for reconstitution of the Special Investigation Team and stay of the trials, alleging poor investigation by the SIT. The Bench, in its order, said the allegations, along with the reply given by SIT chief R.K. Raghavan, should be examined by the former CBI official, A.K. Malhotra, together with the entire police records. It asked him to report to the court within eight weeks.
Appearing for the Gujarat government, senior counsel Mukul Rohatgi opposed reconstitution of the SIT or passing of any order without hearing the State. When the maintainability of the application itself was being questioned, no order should be passed.
Senior counsel Ram Jethmalani, appearing for one of the accused in the complaint by Zakia Jaffrey, wife of the slain former Congress MP Ehsan Jaffrey, said the April 27, 2009 Supreme Court order asking the SIT to look into the complaint “caused untold harm to the State of Gujarat. You [the court] have ruined the government of Gujarat by this order. You stay further proceedings on this complaint.”
Justice Jain said: “We can't pass any order now. We will hear you.”
The Bench asked the SIT to take steps, in consultation with amicus curiae Harish Salve, for replacement of two public prosecutors and as and when they were appointed, the trial would proceed.
Further hearing is posted to August 6.
