A court has ordered an inquiry against the registrar of the city sessions court in connection with loss of an important document pertaining to a Pota related case.
A division bench of the Gujarat High Court has ordered an inquiry against the registrar of the city sessions court in connection with loss of an important document pertaining to a Pota related case.
During the hearing of the attack case on advocate Hasmukh Lalwala, the bench consisting of justices JR Vora and HB Antani found that a confessional statement of the convict Mohamat Tarif Bakaswala has gone missing. Thereafter, the bench ordered to produce the document on August 17, 2009. However, the bench took serious note of the issue, as the registrar of the city sessions court, who was supposed to have the document in his records, failed to produce original documents and was also not following instruction seriously.
“It appears that city sessions court has taken this issue very lightly and the approach is totally disregarding the orders passed by this court,” the bench observed. “It is hoped that the principal judge, city sessions court, shall immediately initiate an inquiry and fix the responsibility for the displacement,” it said.
If further stated that, “As a court of law of this country, responsibility to trace out such documents and sensitivity to the issue shall be shown by the city sessions court. Proceedings of the inquiry along with the action taken report, shall be informed to this bench immediately.”
The court also warned against such approach saying that the registrar shall be reprimanded by Principal Judge, for such casual approach to the High Court, and he is required to express regret for having taken such a casual approach. The court than consented to take on record certified copy of the confessional statement of the Bakaswala submitted by the government counsel JM Panchal.
As per the case details, Lalwala, a renowned lawyer of Surat and VHP activist, were shot at near his residence by to two unidentified assailants on May 21, 2002. The then designated Pota judge SG Gokani has sentenced seven years rigorous imprisonment to 2 accused.
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