NATIONAL HUMAN RIGHTS COMMISSION versus STATE OF GUJARAT

Citation: [2009] 7 S.C.R. 236 · Decided: 01-05-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Hearing Adjourned

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2009] 7 S.C.R. 236 
NATIONAL HUMAN RIGHTS COMMISSION 
V. 
STATE OF GUJARAT 
Writ Petition (Crl.) No. 109 of 2003 
MAY 01, 2009 
[DR. ARl.JIT PASAYAT, P. SATHASIVAM AND AFTAB 
ALAM, JJ.] 
Investigation - Gujarat riot cases - Petitions before 
Supreme Court seeking transfer of some cases and 
C reinvestigation/further investigation in some cases - Direction 
of court to State Government to constitute Special Investigation 
Team (SIT) to undertake inquiry/investigation in nine cases -
submission of report by SIT showing its progress in the cases 
- Held : The report of SIT shows the thoroughness with which 
D it has worked - SIT to continue to function until the completion 
of trial in all the cases - Directions issued to SIT to ensure fair 
trial, protection to witnesses, able assistance to court by 
competent public prosecutor and speedy trial of cases - Role 
of SIT specified. 
E 
Administration of Justice - Criminal administration of 
justice - Protection to witnesses. 
Present petitions were filed seeking transfer of some 
of the ongoing trial and reinvestigation/further 
F investigation into various incidents of Gujarat riot cases. 
Initially, this Court stayed the trials. Later, the court 
directed Gujarat Government to constitute a Special 
Investigation Team S(ID to undertake inquiry/investigation 
including further investigation in nine cases and directed 
SIT to submit its report within a particular time. State 
G Government constituted SIT. Consolidated report was 
filed by SIT before this court. 
H 
Considering the Report of SIT and issuing further 
directions, the Court 
236 
' 
NATIONAL HUMAN RIGHTS COMMISSION V. 
237 
STATE OF GUJARAT 
HELD: 1. Due to the efforts of SIT, persons who were A 
not earlier arrayed as accused have now been arrayed as 
accused. From the details as indicated in the report it 
appears that in most of the cases a large number of persons 
have been additionally made accused. Besides this, a 
large number .of witnesses were also examined in each B 
case. This goes to show the apparent thoroughness with 
which the SIT has worked. Therefore, the SIT shall continue 
to function until the completion of trial in all the cases and 
if any further inquiry/investigation is to be done, the same 
...... 
can be done, as provided in law, more parti-cularly, under c 
Section 173(8) Cr.P.C. [Para 4] [246-G-H; 247-A] 
2.1 Witnesses form the key ingredient in a criminal 
trial It is, therefore, imperative that for justice to be done, 
•. 
the protection of witnesses and victims becomes 
essential, as it is the reliance on their testimony and D 
complaints that the actual perpetrators of heinous crimes 
during the communal violence can be brought to book. 
[Para 8] [255-E-F] 
2.2 It would not be proper to give any general E 
directions for witness protection. It would primarily 
', 
depend upon the fact situation of each case. Practical 
"' 
difficulties in effectively implementing any witness 
protection scheme cannot be los~ sight of. Their 
protection is necessary so that there is no miscarriage of 
F 
justice; but protection is also necessary to restore in them, 
a sense of human dignity. [Paras 22,23] [259-E; 259-H] 
2.3 Since the protection of a witness is of paramount 
importance, it is imperative that if and when any witness 
seeks protection so that he or she can depose freely in G 
'1 
court, the same has to be provided. It is therefore directed 
that if a person who is examined as a witness needs 
protection to ensure his or her safety to depose freely in 
a court he or she shall make an application to the SIT and 
the SIT shall pass necessary orders in the matter and shall H 
238 
SUPREME COURT REPORTS 
[2009) 7 S.C.R. 
A take into account all the relevant aspects and direct such 
"' 
police official/officials as it considers proper to provide 
the protection to the concerned person. It shall be the duty 
of the State to abide by the direction of the SIT in this 
regard. [Para 42] [266-F-G] 
8 
2.4 For ensuring of a sense of confidence in the mind 
of the victims and their relatives, and to ensure that 
witnesses depose freely and fearlessly before the court, 
• 
following steps shall be taken: (a) Ensuring safe passage 
for the witnesses to and from the court precincts; (b) 
c Providing security to the witnesses in their place of 
..-
residence wherever considered necessary; and (c) 
Relocation of witnesses to another state wherever such 
a step is necessary. [Para 46(ix)] [270

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