Closure of National Human Rights Commission Writ Petition

In a recent development, the Court has disposed of the National Human Rights Commission Writ Petition, citing that the purpose of the petition has been served. The special investigating team appointed by the Court is entitled to continue their work, with any future applications to be dealt with according to law. Stay updated with the latest legal proceedings and analysis on this case.

Facts

• Directions were issued by the Court to constitute a Special Investigating Team to investigate and prosecute nine major trials in Gujarat.
• A Writ Petition (Criminal) was filed by the National Human Rights Commission at the same time.
• Both matters were considered around the same time.

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Arguments

• Ms. Aparna Bhat, Mr. Ejaz Maqbool, and Mr. Amit Sharma, learned Advocates appearing for the petitioners agree that the matters have become infructuous.
• On 23.07.2018, this Court noted that the purpose of the petition had been served and no further orders were required, leading to the disposal of Writ Petition (Criminal) No. 109 of 2003.
• Eight out of the nine major trials have been concluded by the Trial Court with some matters pending in the High Court or this Court in the form of appeals.
• Only one matter, concerning Naroda Gaam area, is still pending at the stage of final arguments.

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Analysis

• Only one issue regarding the restoration of protection to Ms. Teesta Setalvad remains to be considered.
• In light of the submissions made and recent developments, the court finds it unnecessary to continue entertaining the petitions.

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Decision

• Special Leave Petitions and connected matters are disposed of as having become infructuous.
• Special Investigating Team appointed by the Court entitled to continue work.
• Any future applications will be dealt with according to law.
• Trial with respect to Naroda Gaam to proceed as per law.
• Ms. Teesta Setalvad given liberty to apply for protection as needed.

Case Title: VIRAJ TRA DESAI Vs. STATE OF GUJARAT . (2022 INSC 882)

Case Number: SLP(C) No.-007951-007951 / 2002

Click here to read/download original judgement