15, Mar 2010

March 15,
2010

Gulberg case adjourned till SC
review SIT performance

URGENT PRESS RELEASE

The ongoing trial in the Gulberg society massacre
case has been deferred until the Supreme Court hears, in detail
submissions on the allegations made against the SIT and the response
by its chairperson Dr Raghavan in early April. The resignation of the
special public prosecutor RK Shah with a letter that has pointed
fingers at the bias of Judge BU Joshi and also at the professional
functioning of SIT member Ashish Bhatia was submitted to the
Honourable Supreme Court and led the court to take this decision. Mr
Shah’s letter details the manner in which the SIT team headed by
Ashish Bhatia would not supply him full copies of the chargesheet or
complete statements of key witnesses like former joint commissioner MK
Tandon and moreover how Bhatia kept pressurising Shah to deal
unprofessionally with eyewitnesses. The letter also speaks of the rank
and crude bias displayed by judge BU Joshi against the eyewitnesses in
the Gulberg case. The resignation was tendered on February 25, 2010.

The Honourable Supreme Court will hear in detail all the issues
arising out of the allegations against the conduct and functioning of
the Special Investigation Team (SIT) appointed under it and the report
in response submitted by Dr RK Raghavan Chairperson of the SIT after
Amicus Curiae Harish Salve and Solicitor General Gopal Subramaniam
have studied both the allegations (made by Teesta Setalvad on behalf
of the Citizens for Justice and Peace) and SIT’s response. Copies of
the report given by Dr Raghavan would be studied by both Mr Salve and
Mr Subramaniam.

The letter of resignation sent by the learned Special PP in the
Gulberg trial was placed on record by the learned Solicitor General.
The same was given to the learned Amicus. Taking into account the
circumstances, including the fact that there is a transfer petition
pending before the Hon’ble High Court, further proceedings in the
trial in the Gulberg case is deferred till further directions.

The
petition filed by a witness in the Godhra trial, Ilyas Mulla alleging
torture by an official of the SIT will also be heard at the same time
in early April.

Ram Jethmalani attempted, in proxy, to avoid the summons issued to
Narendra Modi on May 21, 2010 by the SIT by attempting a recall of the
order passed by the apex court in the Zakia Ahsan Jafri and Citizens
for Justice and Peace petition. The investigation will however
continue but the matter filed by accused number 13 Kalubhai Maliwad
will be heard after April.

The
matter will be listed in the week of April 5 for a full day.

Enclosed is a copy of the application filed by Teesta Setalvad dated
October 23, 2010 that prays for the reconstitution of the SIT, the
additional affidavit in the matter filed by Teesta Setalvad dated
December 1, 2010 and the Written Submissions in the matter prepared by
the advocates for the petitioners, Citizens for Justice and Peace.

Teesta Setalvad
Secretary

091201 additional affidavit (SIT Investigations).
(pdf)

091023
SC TS appln for Reconsti of SIT

(pdf)

Written Submissions

(pdf)