Two posts were not filled after Shah, Bhatt quit in March; Gulbarg trial stayed by HC.
Seven witnesses and victims of Gulbarg Society massacre case have submitted an application to Special Investigation Team (SIT) to appoint MM Sheikh as special public prosecutor and RN Pujara as assistant public prosecutor in the case.
The development comes in the light of the fact that these two posts have not been filled since March when special public prosecutor RK Shah and his assistant Naina Bhatt had tendered their resignations. Shah and Bhatt had reportedly mentioned about the ‘biased attitude’ of the judge apart from ‘lack of cooperation’ from the SIT in discharging their duties.
Witness Imitiaz Khan Pathan said, “Seven witnesses and survivors have made an application before senior member of SIT, AK Malhotra, urging him to appoint the two lawyers as SPP and APP in the case so that the trial in the case can resume.” The seven who have signed the application include Imitiaz Khan Pathan, Saeed Khan Pathan, Saira Ben Sandhi and Rupa Mody.
Earlier, Gujarat high court had put a stay on the trial of the case after some witnesses moved an application urging that special court judge BU Joshi be changed in the case for his “biased” attitude towards the victims. The witnesses had moved the HC after Ahmedabad principal sessions judge GB Shah had rejected their petition on jurisdiction grounds.
Judge Shah had directed the petitioners to move the high court, pointing out that the sessions court could not change the judges of special courts as they were constituted by the high court on the directive of the Supreme Court.
Around 80% of the witnesses have already been examined in the case. The trial in the case had started in November 2009.
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