Case Note & Summary
The Supreme Court of India addressed multiple petitions concerning the transfer of investigation and protection orders related to ongoing trials in Gujarat. The petitioner, Viraj Tra Desai, sought the transfer of investigation to the Central Bureau of Investigation, which had been previously denied by the High Court. Concurrently, the National Human Rights Commission filed a writ petition regarding the same issues. The Supreme Court constituted a Special Investigating Team to oversee nine major trials in Gujarat. As of the latest developments, eight trials had concluded, with appeals pending, while one trial concerning the Naroda Gaam area was still ongoing, nearing final arguments. The court noted that the petitioners acknowledged that most matters had become infructuous, except for a request for protection for Ms. Teesta Setalvad. The court decided not to entertain the petitions further, directing that the Naroda Gaam trial be concluded according to law and allowing Ms. Setalvad to apply for protection to the relevant authorities. The petitions were thus disposed of as infructuous, with directions for the ongoing trial to reach a logical conclusion.
Headnote
A) Criminal Procedure - Transfer of Investigation - Petition for transfer of investigation to Central Bureau of Investigation - Special Leave Petition (Civil) No.7951 of 2002 - The High Court's negation of the transfer request led to the filing of the petition. The Supreme Court noted that the purpose of the petition had been served and the matters had become infructuous, thus disposing of the petitions. Held that the trial in the Naroda Gaam area should be concluded in accordance with law (Paras 1-4).
Issue of Consideration
Whether the petitions for transfer of investigation and protection orders should be entertained given the current status of trials.
Final Decision
The Supreme Court disposed of the petitions as infructuous, directing that the trial concerning Naroda Gaam be concluded in accordance with law and allowing Ms. Teesta Setalvad to apply for protection to the relevant authorities.
Law Points
- Transfer of investigation
- Special Investigating Team
- protection orders
- infructuous petitions
