The Supreme Court today restrained the trial court from pronouncing its judgement in 2002 post Gujarat communal riots cases but refused to stay the ongoing trial as sought by certain NGOs and rights activists.
"The trial court shall proceed with the trial but no judgement shall be pronounced," a bench of Justices DK Jain, P Sathasivam and Aftab Alam said.
The apex court also appointed A K Malhotra, a former DIG of CBI, to verify allegations of lapses in investigations being conducted by Special Investigation Team (SIT) into2002 Gujarat communal riots.
The Bench passed the direction while dealing with the plea of the NGO Citizen for Justice and Peace of Teesta Setalvad and some rights activists who sought a stay of the trial and sought reconstitution of SIT for its alleged bias.
The apex court said Malhotra would verify the allegations after examining the reply filed by SIT on the issue. After verifying the allegations, Malhotra would submit his report to the court.
Gujarat government has strongly opposed reconstitution of SIT and stay of the trial which it said was almost on the verge of conclusion as almost all witnessess had been examined.
The apex court granted permission to SIT to take steps for replacement of two public prosecutors who had withdrawn from the case alleging non-cooperation from the probe agency and one of them also attributed bias to the trial judge.
The bench agreed to the suggestion of amicus curaie and senior counsel Harish Salve that the two new public prosectuors would be appointed through consensus after eliciting the views of the petitioners also.
The 10 cases being monitored by SIT on the earlier directions of the apex court are--Gulberg Society, Ode, Sardarpura, Narodao Gaon, Naroda Patya, Baranpura, Machipith, Tarsali, Pandarwada and Raghavapura.
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