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Delhi judge to decide on shifting of riot cases

Petitioners allege that state complicity precludes a fair trial in Gujarat.

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NEW DELHI: As the Supreme Court on Tuesday ordered that a Delhi sessions judge would decide whether at least 13 Gujarat riots cases could be transferred outside the state for fair and free trial, the state government's counsel Mukul Rohatagi objected to the apex court's interference in the matter.

"Do we have only the Supreme Court in the country to decide everything?" the counsel asked, while pleading that petitioners should adopt the established procedure and move the HC for transferring the cases.

The public interest litigations filed among others by National Human Rights Commission and Committee for Peace and Justice led by Teesta Setelvad have sought reinvestigation and transfer of 13 cases on the ground of state's complicity.  While former Solicitor General Harish Salve, who's assisting the court in these matters, said that only the apex court could intervene in cases of extraordinary nature, judges asked the Delhi High Court Chief Justice to delegate an additional sessions judge to study the file of 13 cases and decide whether they required to be heard outside Gujarat.

A Bench of Justices K G Balakrishnan, Tarun Chatterjee and D K Jain fixed August 20 to hear the PILs and wanted the Delhi judge to submit his report by then. Among others, trials in Godhra, Naroda Patia, Gulberga Society, Sadarpura and Ode have been stayed for about two years.

The Centre's counsel and Solicitor General Goolam E Vahanvati also told the court that the CBI would abide by any direction and assist the apex court in these matters.

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