The Gujarat High Court on Tuesday allowed six victims of the 2002 Naroda Patia massacre to get case papers running into over 1.25 lakh pages free of cost from the registry of the court. Survivors backed by Citizens for Justice and Peace (CJP),a Mumbai-based civil rights and legal aid group had filed this application in early December 2016. The application may be read here.

Survivors had filed a petition earlier this month to get the case papers free of cost after the registry demanded Rs 1.18 lakh printing cost from them. The victims Fatimabibi Sheikh, Farzanabanu Pathan, Dilawar Saiyed, Jannatbibi Sheikh, Ishrat Jahan Saiyed and Ruksana Qureshi moved the application through advocate on record, K N Shashtri, seeking copies of the case papers without any charges.

During the hearing, a division bench of Justices Harsha Devani and A S Supehia asked the special investigation team (SIT) lawyer if the victims, who have also filed appeal petitions against 11 persons who were acquitted, can be given the papers free of cost.

SIT lawyer R C Kodekar told the bench that it is the discretion of the court to grant such requests, however, there is no such rule under the Code of Criminal Procedure and other relevant high court rules. Following the brief argument, the bench allowed the petition moved by the victims and ordered the registry to provide a copy of entire case papers without any charges. The case papers include the appeal petitions and judgment of the special designated court.

The High Court has also started hearing the appeal petitions on daily basis since Monday. The division bench is hearing the appeal petitions against conviction moved by 31 convicts, including former BJP minister Maya Kodnani and Bajrang Dal leader Babubhai Patel alias Babu Bajrangi. They are facing life sentence for their alleged roles in the Naroda Patiya massacre in which 97 Muslims were killed on February 28, 2002, when large scale riots had broken out in the state following the Sabarmati Express train burning incident.

During the hearing of the Sardarpura appeals, Survivors were greatly handicapped not having a copy of the case papers.

This appeal has run into a series of controversies.Criticising this practice which appeared to have been adopted in the controversial and sensitive Naroda Patia massacre case of the 2002 riots, to possibly deliberately engage an advocate who is a distant relative of Justice Akil Kureshi, the division bench of Kureshi and Justice Biren Vaishnav observed that instead of requesting the judge not to hear the case, the senior counsel should have refrained from appearing in the case as the judge does not hear the cases of that lawyer. This had happened on Friday, November 18. Before that,last year, two Judges of the Gujarat HC in open court had said that one of the accused had approached and even threatened the judges.

Meanwhile, both Maya Kodnani and Babu bajrangi,the high profile accusedhave got permamnent and temporary bail since their conviction on August 29,2012. At the last hearing of the appeal,Babu Bajrangi had pleaded for permamnent bail claiming that he was nearly one hundredper cent blind. He has been supported by a report of the jail doctor and medical team
 

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I N D E X

 
 
 
 
 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         DISTRICT: AHMEDABAD
 
MISC.  CRIMINAL APPLICATION NO.            OF 2016
 
                                                          IN
      CRIMINAL APPEAL      NO.            OF 2016
 
 
 
 
Fatimabibi Mohammed Yusuf Shaikh & Ors                          …Petitioners                                      
V E R S U S
 
The State of Gujarat and Anr.                                                         …Respondents                                                      
                                     
                                                 LIST OF EVENTS
 
The petitioners are the original witnesses and victims of the offence.
The  criminal appeals filed by the accused as well as the petitioners and the State of Gujarat have been ordered to be heard together considering the fact that the impugned judgment and order is common.
28.07.2015 : An application was filed before the respondent no. 3 requesting to tender the copy of the paperbook to the victims who have lost their close family members. This request had been made earlier too by the petitioners. However, the request was declined on the ground that the petitioners must be required to pay Rs. 1.18 lac approx for the paperbook.
The petitioners can’t afford to pay such a huge amount, they are daily wage earners and are the Survivors of this brute act of targeted violence. Hence this petition.
 
 
 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         DISTRICT: AHMEDABAD
 
MISC.  CRIMINAL APPLICATION NO.            OF 2016
 
                                                          IN
      CRIMINAL APPEAL      NO.  1812          OF 2012
 
 
 
 

1. Fatimabibi Mohammed Yusuf Shaikh Age:55
2. Farzanabanu Ayubkhan Pathan Age:40
3. Dilawar Umrao Saiyed Age:62
4. Jannatbibi Kalubhai Sheikh Age:55
5. Ishrat Jahan Parvez Saiyed Age:32
6. Ruksana Bundubhai Qureshi Age:37

Applicants residing at :-

1. Hukamsingh Ni Chaali, Naroda Patia, Ahmedabad
2. Imambibi Ni Chaali, S. T. Workshop, Naroda Patia, Ahmedabad
3. Hussein Nagar Gali No. 1, Naroda Patia, Ahmedabad
4. Nr. Hukamsingh Ni Chaali, S. T. Workshop, Naroda Patiya, Ahmedabad
5. Nr. Hussein Nagar Ni Chaali, S.T.Workshop, Naroda Patiya, Ahmedabad
6. Javan Nagar Gali No. 12, Naroda Patia, Ahmedabad.
   •  

( Original Witnesses/Victims)                                                                                          

V E R S U S

1. The State of Gujarat,

(Notice to be served through the
Ld. P.P. High Court of Gujarat
Ahmedabad)

1. Special Investigation Team,

Through its special public prosecutor,
Hon’ble Gujarat High Court,
Ahmedabad.               

1. The Registrar General ( Judicial),

Hon’bel Gujarat High Court,
Ahmedabad.                                                         …Respondents
                                                                             (No.2 -org. complainant)                            
Application u/s. 482 of Cr. P. C. obtaining paperbook in Criminal Appeal No.  1812/2012       and allied appeals.      
TO,
THE HON’BLE CHIEF JUSTICE AND THE OTHER HON’BLE JUDGES OF THE HIGH COURT OF GUJARAT.
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHEWETH: –

1. The petitioners are the original prosecution witness nos. 112, 106, 143, 142, 177 and 212 respectively in the Sessions Case Nos235/2009, 236/2009, 241/2009, 243/2009, 245/2009, 246/2009, 270/2009decided by the Ld. Sessions Judge, Ahmedabad. The petitioners herein have filed Criminal Appeal No. 1812/2012 u/s 372 Cr.P.C.The appealsfiled against the judgment and order of conviction have been filed by the accused whereas the appeals against acquittal have been filed by the petitioners being Criminal Appeal No 1812 of 2012.
2. The petitioners respectfully submit that the petitioners are victims of the offence of mass carnage where more than eighty innocent people were done to death. The petitioners are extremely poor and are unable to pay the court fee amounting to Rs. 1.18 lac approx. It is under these circumstances the petitioner’s lawyer had tendered an application to the registry dtd. 28.07.2015. Annexed as ANNEXURE: “A” to this petition is the copy of the application to the registry of this Hon’ble Court. The petitioners can’t afford to pay such a huge amount, they are daily wage earners and are the Survivors of this brute act of targeted violence.
3. The petitioners respectfully submit that there is no communication from the registry but the registry has been insisting for the payment of this preposterously huge amount againstthe paperbook. Now that the appeal is likely to proceed same request has been renewed on behalf of the petitioners but paying a huge amount is a big hurdle. The petitioners submit thatconsidering the impecunious conditions of the petitioners it would not be possible for them to bear the huge cost of obtaining the paperbook and thereby assist this Hon’ble Court in best possible manner. The petitioners further submit that the petitioners have not been rehabilitated by the state government by providing any house/ shelterand have been compelled to survive on their own. Under these circumstances if the petitioners are deprived of the paperbook it would be extremely difficult for them to assist this Hon’ble Court. The lack of access to the paper book would be a denial of natural justice to the petioners also Victim Survivors of a brute massacre.
4. The petitioners have not filed any other petition either in this Hon’ble Court or in he Hon’ble Supreme Court of India withregard to the subject matter of this petition, and having no any other equally efficacious remedy, this petition is filed.

   6.        The petitioners therefore humbly prays that this HON’BLE COURT BE PLEASED: –
(A)              YOUR LORDSHIPS be pleased to order the respondent no. 3 to allow the petitioners to get one set of the combined paperbook for Criminal Appeal No. 1812/2012 and allied appeals  in the interest of justice;
(B)              YOUR LORDSHIPS be pleased to grant such  other and further relief as may be deemed fit in the facts and circumstances of the case;
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER SHALL AS IN DUTY BOUND SHALL FOREVER PRAY
 
Ahmedabad:                                                       (Kalpesh Shashtri)
 
Date:    /12/2016                                                   Advocate for petitioners
 
 
 
                                             A F F I D A V I T
 
I, , Age:. herein do hereby solemnly affirm and state on oath as under:-

1. I am Petitioner in the memo of the petition and am conversant with the facts and circumstances of the case and am competent to depose that what is stated herein above is true to the best of my knowledge information and belief and I believe the same to be true and correct.
2. I have gone through a memo of petition and I solemnly affirm and state what is stated in para nos. 1 to 6 are true to the best of my knowledge and information and para no. 6 is a prayer clause which is based upon legal advice of advocate.
3. I state that the Annexures are produced with the accompanying petition are true copies of their original documents.

Solemnly affirmed at Ahmedabad         on this       day, of December,  2016
                             DEPONENT
Explained and interpreted
To the Deponent by me
 
 
 

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