June 30, 2003
IN THE SUPREME COURT OF INDIA
UNDER ORDER XVI
RULE 4(1) (A)
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under
Article 136 of the Constitution of India)
CRL.M.P.
______ of 2003
IN
SPECIAL
LEAVE PETITON (CRIMINAL)
NO.
OF 2003
(Against the final order and judgment dated 27th
June, 2003 passed by the Addl. Sessions Judge, Fast Court No.1,
Vadodara in Sessions Case No. 248 of 2002)
IN THE MATTER OF:
Citizens for Justice & Peace & Ors.
Petitioners
Versus
State
of Gujarat
Respondents
APPLICATION
FOR PROTECTION
TO:
THE HON'BLE THE CHIEF JUSTICE
AND HIS OTHER COMPANION JUSTICES OF
THE HON'BLE SUPREME COURT OF INDIA:
THE
HUMBLE PETITION OF THE
PETITONERS
ABOVENAMED
MOST RESPECTFULLY SHEWETH:
1.
The Petitioners are filing the above Special Leave Petition
under Article 136 of the Constitution of India being aggrieved by
the impugned final order and judgment dated 27th June
2003 passed by the Addl. Sessions Judge, Fast Court No.1, Vadodara
in Sessions Case No. 248 of 2002. The facts and circumstances
leading to the filing of he present petition are not repeated herein
for the sake of brevity and the petitioners seeks to refer to and
rely upon the same at the time of hearing the present application.
2.
The petition is filed concerning the BEST Bakery judgement.
One of the central grounds of appeal is that important witnesses
were threatened into tuning hostile in Court. In the companion
petition filed by the National Human Rights Commission (NHRC) this
Honourable Court has already directed that witnesses in 9 cases be
provided with police protection.
3.
The present application is in respect of three individuals
for a similar protection. These three individuals are not direct
witnesses in the BEST Bakery cases but are closely linked
and connected with the case and have been receiving
intensified threats especially in the last few days.
4.
The application
is in respect of Smt Teesta Setalvad, Secretray Citizens for Justice
and Peace who is petitioner no 2 in the present case, Shri Suhel
Tirmizi who is an advocate practicing in the Gujarat High Court and
closely connected with interacting with the witnesses in the BEST
Bakery Case. The third person is Shri Raees Khan Azeezkhan Pathan
who is a full time co-ordinator of Petitioner No 1, the Citizens for
Justice and Peace based in Ahmedabad who has been instrumental,
following interactions that petitioner No 2,
Teesta Setalvad has with the prime witness in the BEST Bakery
trial and her family, in getting the family out of Vadodara,
Gujarat. Both Smt Teesta Setalvad and Shri Raees Khan Azeezkhan
Pathan have been directly involved in providing protection and
rehabilitation to the family in Mumbai where they now reside. It has
not been safe for the witness and her family, who received threats
during the course of the trial that forced her to turn hostile to
remain in Vadodara and appeal for justice and fair trial and Smt
Teesta Setalvad and Shri Raees Khan Azeezkhan Pathan on behalf of
Petitioner No 1 whom they represent have played key roles in
assuring them safety and succour. In fact, the prime winess
statement before the NHRC on July 11, 2003 was recorded officially
in the presence of Smt Teesta Setalvad in New Delhi.
5.
The threats
received by all three individuals have in essence been received by
Petitioner No 2, Smt Teesta Setalvad on her mobile threatening in
filthy kanguage dire consequences if legal aid and work related to
the BESt Bakery case is not stopped forthwith. Mr Raees Khan who
lives at 32, First Floor, Opposite Vishwa Bharati High School,
Shahpur Mill Compound, Shahpur, Ahmedabad 380000 has received
threats on the phone and in person also regarding his active role in
the BEST Bakery Case. Mr Raees Khan Azeezkhan Pathan
was also physically surrounded and threatened by a mob of
over 100 persons belonging to the Vishwa Hindu Parishad and Bajrang
Dal on the premises of the Shah-Nanavaty Commission in Ahmedabad on
Friday, August 29, 2003 as he was escorting some witnesses in the
Gulberg society massacre to the premises.
6.
Even prior to
the involvement of these three individuals in the BEST Bakery case,
because of their active involvement in extending legal aid and
rehabilitation to the victims of the Gujarat carnage, they have been
receiving intermittent threats. However after their open involvement
in the BEST Bakery case, the threats have intensified and increased
considerably. On April 25, 2003, Mr Suhel Tirmizi and Mr Raees Khan
Azeezkhan Pathan had filed a formal application requesting police
protection in relation to the earlier threats.
7.
However with
relation to the intensified threats to all three individuals, Smt
Teesta Setalvad, Shri Suhel Tirmizi and Shri raees Khan, in the last
fortnight, all 3 individuals have filed another more urgent formal
application for urgent police protection on August 20, 2003. Copies
of these are Annexed as Annexure 1 toi theis Application.
8.
Following this,
the Inspector in Charge of the Shahpur Police Station, Ahmedabad, PI
Kanani (who was the Investigtaing Officer with relation to the BEST
Bakery trial from March 10, 2002 in Vadodara) contacted Mr Raees
Khan Azeezkhan Pathan in order to record his statement vis a vis
police protection. This was done and a statement recorded in
Gujarati at the Shahpur Police Station on August 21, 2003 between
8-10.30 p.m. in the presence of advocate Shri Suhel Tirmizi.
9.
In the
statement, Shri Raees Khan has given details of the threats issued
to him and again asked urgently for police protection. However till
date no protection however has been provided to any of the 3
persons, Smt Teesta Setalvad. Shri Suhel Tirmizi and Shri Raees Khan
Azeezkhan Pathan.
10.
The said persons
have a genuine and bonafide apprehension that because of their
involvement in the BEST Bakery case—the outcome of which is today
so critical for the entire justice process related to the Gujarat
carnage—their lives are in danger and urgent reliefs are therefore
requested. The three individuals further emphasise that their
involvement in the Gujarat carnage related reportage, investigation,
legal aid and relief have been from the start. (Smt Teesta Setalvad
is the author of Genocidfe—Gujarat 2002 and Convenor of the
Concerned Citizens Tribunal –Crimes Against Humanity,
November 21, 2002 headed by Justice VR Krishna Iyer). They have at
no stage made a frivolous request for police protection but under
the circumstances related to the BEST Bakery case seriously
apprehend a threat to
their lives.
PRAYER:
In
the facts and circumstances stated herein above it is Most
Respectfully prayed that this Hon’ble Court may be pleased to:
a)
The Director General of Police and Secretary, Home Affairs,
State of Gujarat be directed to provide immediate and armed police
protection to Smt Teesta Setalvad, Shri Suhel Tirmizi and Shri Raees
Khan Azzezkhan Pathan across the state of Gujarat.
a)
Pass any such further or other order(s) as this Hon’ble
Court may deem fit and proper in the facts and circumstances of the
case.
AND
FOR THIS ACT OF KINDNESS THE APPLICANT/PETITIONER AS IN DUTY BOUND
SHALL EVER PRAY
APARNA
BHAT
COUNSEL
FOR THE PETITIONERS
DATED:
IN THE SUPREME COURT OF INDIA
UNDER ORDER XVI RULE 4(1) (A)
CRIMINAL APPELLATE
JURISDICTION
SPECIAL
LEAVE PETITION
(Under
Article 136 of the Constitution of India)
CRL.M.P.
______ of 2003
IN
SPECIAL
LEAVE PETITON (CRIMINAL)
NO.
OF 2003
(Against the final order and judgment dated 27th
June, 2003 passed by the Addl. Sessions Judge, Fast Court No.1,
Vadodara in Sessions Case No. 248 of 2002)
IN THE MATTER OF:
Citizens for Justice & Peace & Ors.
Petitioners
Versus
State
of Gujarat
Respondents
APPLICATION
FOR PROTECTION
CRL.M.P.
NO.
OF 2003: AN APPLICATION PROTECTION
COUNSEL
FOR THE APPLICANT: APARNA BHAT
INDEX
SL.NO.
PARTICULARS
PAGE NO.
1.
An application for placing protection for Three Individuals
Involved in Legal Aid for BEST Bakery Prime Witnesses
2.
Annexure 1 of Letter for Police Protection to Commissioner of Police
Ahmedabad, Chief Secretary, Gujarat and Director General of Police,
Gujarat dated August 20. 2003
IN THE SUPREME COURT OF INDIA
UNDER ORDER
XVI RULE 4(1) (A)
CRIMINAL
APPELLATE JURISDICTION
SPECIAL
LEAVE PETITION
(Under
Article 136 of the Constitution of India)
CRL.M.P. ______ of 2003
IN
SPECIAL LEAVE PETITON (CRIMINAL)
NO.
OF 2003
(Against the final order and
judgment dated 27th June, 2003 passed by the Addl.
Sessions Judge, Fast Court No.1, Vadodara in Sessions Case No. 248
of 2002)
IN THE MATTER OF:
Citizens for Justice & Peace
& Ors.
Petitioners
Versus
State of Gujarat
Respondents
AFFIDAVIT
I, Teesta Setalvad, daughter of
Atul Motilal Setalvad, aged 41 years, resident of Nirant Juhu Tara
Road Mumbai 400 049, the petitioner no. 2 in the present petition,
presently at New Delhi,solemnly state and affirm as under:
1.
That I am the petitioner no. 2 in the abovementioned matter
and am fully conversant with the facts and circumstances of the
matter and in that capacity am competent to swear and despose as
under:
2.
That I have gone though and fully understood the facts and
circumstances stated in the accompanying application and state that
they are true and correct to the best of my knowledge.
3.
That the annexures are true copies of their originals.
DEPONENT
VERFICATION:
Verified
at New Delhi on this 1st day of September 2003 that the
contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed therefrom.
DEPONENT
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