Ahmedabad: A Special Court hearing the
2002 Gulberg society riot case here has rejected the Special
Investigation Team`s plea, seeking a stay on the trial.
The Supreme Court-appointed SIT had sought the stay
following the transfer of designated Judge B U Joshi, who was
hearing the post-Godhra riot case, by the Gujarat High Court.
Rejecting the application yesterday, Judge Joshi noted
that the court was set up specially to hear the matter on a
day-to-day basis and the hearing would continue as usual since
his transfer was effective from January 17.
He observed that under the Section 134 of the Criminal
Manual, when a Judge comes to know about his transfer and if
there is some time left for it to take effect, he should try
and complete the proceedings.
Special Public Prosecutor R C Kodekar, who had filed
the plea, said final arguments had been going on since
December 20, and in the meanwhile the prosecution came to know
about the transfer of the Presiding Officer.
Hence, under the changed circumstances, and in the
interest of justice, Joshi should stop hearing the case
further, Kodekar has said.
Thirteen Judges were transfered last week and these
included two hearing the 2002 riot cases being probed by the
SIT. Judge Joshi was transferred to Dahod, while Judge Jyotsna
Yagnik, who is presiding over the Naroda Patiya case, was
shifted to Sabarkantha district.
The apex court has restrained the court hearing the
Gulberg case from delivering the final judgement.
Over 300 witnesses have been examined by the court
in the Gulberg case and statements of 66 accused recorded.
A total of 69 persons, including ex-Congress MP Ehsan
Jaffery, were killed in the communal riots at Gulberg housing
society in Chamanpura area of the city on February 28, 2002, a
day after the torching of the Sabarmati Express near Godhra
station in Gujarat.
PTI
