Supreme Court Declares Petitions Infructuous in Gujarat Riot Cases

The Supreme Court of India, in a significant judgment on August 30, 2022, disposed of multiple petitions related to the 2002 Gujarat riots, declaring them infructuous. The case involved various petitions, including a plea to transfer the investigation to the Central Bureau of Investigation (CBI), which had been previously denied by the Gujarat High Court. The Supreme Court acknowledged that with the conclusion of trials in eight out of nine major riot cases, the purpose of the petitions had been served.

One of the critical aspects of the ruling was the direction to ensure the completion of the trial in the Naroda Gaam case, the only pending matter. The Special Investigation Team (SIT) appointed by the Supreme Court was instructed to take the necessary legal steps to bring this case to a logical conclusion.

Background of the Case

The case stemmed from multiple petitions filed in the aftermath of the 2002 Gujarat riots. The initial petition was filed by Viraj Tra Desai, seeking a CBI investigation into the riots. Other petitions, including those from the National Human Rights Commission (NHRC), victims, and activist groups, also sought independent investigations and trials.

In 2003, while considering these petitions, the Supreme Court constituted a Special Investigation Team (SIT) to investigate and prosecute nine key riot-related trials. Over the years, the SIT conducted extensive investigations, leading to convictions in several cases.

Key Developments

The Gujarat High Court, in April 2002, rejected the request for a CBI investigation.
The Supreme Court, in response to multiple petitions, formed an SIT in 2003 to handle major riot cases.
Trials in eight out of nine cases were completed, with convictions and appeals pending in the High Court or the Supreme Court.
The Naroda Gaam case was still under trial at the time of the judgment.

Arguments by the Petitioners

Senior Advocate Mukul Rohatgi, representing the petitioners, highlighted:

The Supreme Court had already disposed of a similar petition in 2018, concluding that the purpose of the proceedings had been served.
Eight out of the nine major riot trials had reached their logical conclusion, making further court intervention unnecessary.
The only pending case, Naroda Gaam, should be allowed to proceed under the supervision of the SIT.

Arguments by the Respondents

Advocates Aparna Bhat, Ejaz Maqbool, and Amit Sharma, representing victims and activist groups, conceded that most of the petitions had become infructuous. However, they raised two concerns:

The need for continued security protection for Teesta Setalvad, a human rights activist involved in supporting victims.
Ensuring that the Naroda Gaam trial reaches its conclusion without interference.

Supreme Court’s Observations

1. Disposal of Pending Petitions

The Court observed that most of the riot-related trials had already concluded:

“The purpose of the petition having been served, no further orders are required, and accordingly, Writ Petition (Criminal) No. 109 of 2003 is disposed of.”

2. Completion of the Naroda Gaam Trial

The Court emphasized that the Naroda Gaam trial, the only remaining case, must reach a conclusion:

“The trial with respect to Naroda Gaam must be taken to its logical conclusion in accordance with law, and to that extent, the Special Investigation Team appointed by this Court shall certainly be entitled to take appropriate steps in accordance with law.”

3. Security for Teesta Setalvad

The Court granted liberty to activist Teesta Setalvad to seek security protection:

“As regards the issue of protection which was prayed by Ms. Teesta Setalvad, we give liberty to her to make an appropriate application before the concerned authorities. As and when such an application is made, the same shall be dealt with in accordance with law.”

Final Judgment

The Supreme Court formally disposed of all pending petitions and stated:

“The Special Leave Petitions and other connected matters are disposed of as having become infructuous.”

Impact of the Judgment

The Supreme Court’s decision has several significant implications:

Finality to Legal Proceedings: The disposal of petitions marks the end of most legal battles related to the 2002 Gujarat riots.
Ensuring Completion of the Naroda Gaam Trial: The ruling guarantees that the pending case will reach its legal conclusion under SIT supervision.
Protection of Activists: The decision allows activists like Teesta Setalvad to seek legal protection as needed.
Precedent for Investigative Oversight: It sets a precedent for how special investigative teams can be utilized in sensitive legal matters.

Conclusion

The Supreme Court’s judgment in Viraj Tra Desai vs. State of Gujarat brings an end to multiple legal challenges surrounding the 2002 Gujarat riots. With eight trials completed and only one pending, the ruling ensures that justice continues to be served while also preventing unnecessary prolongation of legal proceedings.

The Court’s decision to allow activist Teesta Setalvad to seek protection through legal channels further reflects its balanced approach to safeguarding human rights advocates while upholding judicial processes. This judgment signifies a milestone in India’s legal history, reaffirming the role of investigative bodies in delivering justice.

Petitioner Name: Viraj Tra Desai.
Respondent Name: State of Gujarat & Others.
Judgment By: Justice Uday Umesh Lalit, Justice S. Ravindra Bhat, Justice J.B. Pardiwala.
Place Of Incident: Gujarat.
Judgment Date: 29-08-2022.

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