IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO.

OF 2011

(Arising out of the final order and judgment dated 11.7.2011 passed by the
Honble High Court of Gujarat at Ahmedabad, in Criminal Misc. Applciation No.
1692 of 2011; final judgement and order dated 3.12.2010 passed by the
Additional Sessions Judge, Court No. 5, Ahmedabad and final judgement and
order dated 10.1.2011 in Inquiry No. 2 of 2011 passed by the Metropolitan
Magistrate at Ahmedabad)
IN THE MATTER OF:

Citizens for Justice and Peace and Anr.

PETITIONERS

VERSUS

State of Gujarat & Ors.

RESPONDENTS

PAPER BOOK
Along With
Crl. M.P. No

of 2011: An Application for permission to file SLP

Crl. M.P. No

of 2011: An Application for stay

Crl. M.P. No

of 2011: An Application for exemption from

appointment of an official translator

(For Detailed Index: Kindly See Inside)

ADVOCATE FOR THE PETITIONERS: APARNA BHAT

INDEX
SL.NO.

PARTICULARS

PAGE NOS.

1.

Limitation Report

2.

Listing Proforma

A1 - A-3

3.

Synopsis and List Of Dates

B -

4.

i.
True copy of the the final order and
judgment dated 11.7.2011 passed by the
Honble High Court of Gujarat at Ahmedabad,
in Criminal Misc. Applciation No. 1692 of 2011
ii.
True copy of the final judgement and
order dated 3.12.2010 passed by the Additional
Sessions Judge, Court No. 5, Ahmedabad
iii.
True translated copy of the final
judgement and order dated 10.1.2011 in
Inquiry No. 2 of 2011 passed by the Metropolitan
Magistrate at Ahmedabad

5.

Special Leave Petition along with affidavit

6.

Annexure P-1
A true copy of the application under section
311 of the Cr.P.C. dated 28.10.2010

SYNOPSIS AND LIST OF DATES

The present petition is being filed against the final judgment and
order dated

11.7.2011 passed by the Honble High Court of Gujarat at

Ahmedabad, in Special Criminal Application No. 378 of 2010, the final

judgement and order dated 3.12.2010 passed by the Additional Sessions
Judge, Court No. 5, Ahmedabad and the final judgement and order dated
10.1.2011 in Inquiry No. 2 of 2011 passed by the Metropolitan Magistrate
at Ahmedabad. By the said judgements and orders, a process of the
malicious campaign of people with vested interest to obstruct and impede
the work of the petitioner no.1 organisation and the petitioner no. 2 in
helping the victims of communal riots in the State of Gujarat has gained
judicial sanction.
That the Petitioner no. 1 organization was set up after the carnage
in Gujarat to provide assistance to the victims. In the process, the
Secretary of the Petitioner organization, Petitioner no. 2 had occasion to
interact with various witnesses who were narrating the violence that was
inflicted on them and their families.
The Petitioner no. 1 and 2 realized that it was impossible for the
trustees themselves to meet individual victims and it was important to find
a reliable person in Ahmedabad to be available to victims whenever they
needed help. It was in this context that the Petitioner no. 1 employed
Shri.Rais Khan who used to live in Mumbai and relocated to Ahmedabad
and had been found to be reliable and committed to the cause of human
rights.
That accordingly, the Petitioner formally engaged Sh.Rais Khan by
paying a modest salary of Rs.7,000/-. Mr.Khan was advised to be
available for the victims and introduce them to lawyers and introduce them
to trial court lawyers as and when they needed the same. He was also
advised to inform the victims about the cases in this Honble Court and

their status and explain the implication of the orders passed by this
Honble Court.
That the Petitioner had found Mr.Khan to be reasonably
trustworthy. It is because of this belief that the Petitioner entrusted the
work to him and also believed that he was receiving threats to his life and
accordingly an application was filed seeking protection for him before this
Honble Court. On the said application for the Petitioners this Honble
Court was pleased to order protection from the Central Industrial Security
Force for Mr. Khan.
That sometime in late 2007,

the Petitioner started receiving

complaints that Mr.Khan was not behaving properly with the victims and
was in fact mistreating them and even threatening them. It was also found
out that he was receiving patronage from some active members of the
VHP and also some of the powerful accused in the carnage cases. When
these complaints become persistent, the Petitioner decided that it was
dangerous to keep his association as all the hard work of the Petitioner
would be destroyed and their credibility would be affected. Accordingly it
was decided that it is best to discontinue with his services and public
notices given in that regard. By that time Mr. Khan was being paid
Rs.18,000/- per month as salary. When his services were discontinued,
the

petitioner

organization

informed

authorities/police

stations/administrators in Gujarat, Maharashtra and the Centre that the

association with Rais Khan has been discontinued. An advertisement was
also placed in a prominent Gujrati daily to make this public.

It is submitted that the Petitioners are fighting a battle against a

vindictive administration. Since the Petitioner no.1 organization is the only
consistent organization working towards accessing justice to the victims of
the communal riots, they have been targeted and a vicious attack is made

against the Secretary of the petitioner No.1 ie. the Petitioner no. 2. It has
also been the experience of the Petitioners that all the victims/witnesses
may not have the same conviction and courage to fight the administration.
On some occasions the victims may get threatened or induced to speak in
favour of the accused and the Petitioner no. 1 organization has suffered
this in the hands of Ms. Zahira Sheikh and her family members and finally
stood vindicated on an enquiry ordered by this Honble Court.
In relation to the communal carnage of 2002 which engulfed the
state of Gujarat, this Honble Court had appointed a Special Investigation
Team following the petition of the National Human Rights Commission
being Writ Petition (Crl.) 109 of 2003 and others. This Honble Court
thereafter directed that a set of trials be conducted by appointing special
judges and the investigating agency will be the Special Investigation Team
appointed by this Honble Court.
In one of the trials, which are subject matter of the orders of this
Honble Court, more popularly known as the Naroda Gaam trials, towards
the fag end of the trial, an application was filed by a disgruntled exemployee of the petitioner no. 1, Raiz Khan Aziz Khan Pathan leveling
certain allegations against the petitioner no. 2 and others that false
affidavits were prepared in the year 2002-2003. In the said application
under section 311 of Code of Criminal Procedure the prayer which was
made is as under:
a)

with a view to bring truth on record I may be examined as a

prosecution witness and if, the prosecution is not inclined to

examine me, then in the interest of justice, I humbly pray that this
Honble Court may examine me as a court witness under section
311 of the Cr.P.C., to prove that Mr. Nanumiya, Madina Banu and
Imran Pathan had falsely implicated me and lied before this Honble
Court and I am an important link which can throw light on how the

victims were tutored, cheated and made to sign false affidavits by

Ms. Teesta Setalvad in the name of Interest of the Community
and no innocent is punished or prosecuted on the basis of false
testimony;

In this connection it is pertinent to also point out the timing of the

allegations and their genesis. One year and nine months after being
discontinued from service with the petitioner organization and after serious
lacunae in re-investigation and further investigation by the Supreme Court
appointed Special Investigation Team (SIT) had been pointed out and
sought to be corrected (from October 2009 to May 2010), this systematic
campaign that had been first launched by the state of Gujarat was
thereafter furthered through the spate of allegations and complaints made
by Rais Khan a former disgruntled employee. These allegations were
prominently displayed and carried in the Pioneer newspaper edited by a
member of parliament belonging to the same political party that has been
under scanner for the violence of 2002.
The learned Sessions Judge decided the application and gave a
finding that how the affidavits were prepared is not a point in issue in the
trial and also there is a doubt about the bonafide of the applicant i.e. Rais
Khan Pathan moving the application at the fag end of the trial. . The court
particularly questions why the application was moved only in the year
2010 when the allegations is that the false affidavit was prepared in the
year 2002-2003. The court further comes to a conclusion that there is
some hidden agenda either to settle scores with his previous employer or
to help the accused persons.

However despite having come to the

conclusion that the application was motivated the Sessions Court ordered
that the Registrar, City Civil & Sessions Court makes a complaint in writing
before a competent court having jurisdiction. However, despite having

come to the conclusion that the application was motivated, the sessions
court ordered that the Registrar, City Civil and Sessions Court makes a
complaint in writing before a competent court having jurisdiction.

The Registrar City Civil and Sessions Court Ahmedabad filed the
complaint as directed before the Metropolitan Magistrate, Ahemdabad and
the Metropolitan Magistrate ordered that the complaint be sent for
investigation to the Assistant Commissioner of Police, Navrangpura Police
station for investigation and subject a report within 30 days.
This order of the Learned Magistrate was challenged before the
Honble High Court by the Registrar, City Civil and Sessions Court on the
ground that there is no need for investigation once the Sessions Court has
prima facie found that there is an offence made out in Criminal Misc.
Application No. 1692 of 2011.
The said Criminal Misc. Application was decided by the Honble
High Court of Gujarat by its judgement and order dated 11.7.2011 wherein
the judgement and order of the learned Magistrate was affirmed with a
modification that the investigation as directed by the learned Magistrate
would be against the unnamed accused persons and the finding of the
learned Sessions Judge qua Rais Khan Aziz Khan Pathan shall remain
and he shall face trial.
It is pertinent to mention that the application moved by Shri Khan is
not the only application filed by Shri Khan. There are a series of similar
complaints and applications which were moved by Shri Khan in various
courts and before authorities which clearly understates the ulterior motive
of Shri Khan and the people who are behind him. From September 2010
until now, first before the Special Investigation Team (SIT) appointed by
this Honble Court, then before the Commissioner of Police and Crime
Branch Ahmedabad, thereafter in three of the Trial Courts hearing the

Trials and being monitored by this Honble Court, Raiskhan Pathan has
made such vexatious applications.
It is pertinent to note that the same allegations concerning the
affidavits of the same witnesses in the Naroda Gaam case were first made
before this Honble Court by the State of Gujarat in its Rejoinder Affidavit
(April 2010) and were responded to in detail by the Petitioner no.2,
The petitioners are therefore challenging the entire proceedings
which had emanated from a vexatious application which was filed a
disgruntled ex-employee and with an ulterior motive on the following
amongst other set of facts and circumstances which are set out herein
chronologically

27.2. 2002

The Godhra train incident happened and

communal riots broke out in the state of
Gujarat targeting the life and property of
the minority community.

28.2.202- 1.3.2002

After the ghastly Godhra Incident in

which the S-6 Coach of the Sabarmati
Express were burnt down, a systematic
attack on the minority community took
place took place all over the state of
Gujarat in all at 30 locations over 19
districts of the State which the
Petitioners have good reason to believe
was supported by the State
Government. .

February 2002

The Petitioner No.1 is an organization

which started as a response to the

carnage which took place in Gujarat

from 27th February, 2002 onwards. Its
main objective is to bridge the gap
between the various religious
communities as also to ensure that
justice is done to those who are the
victims of communalism. Towards this
end it is involved in various activities
including relief and rehabilitation, public
advocacy on the issue of communalism.
It had set up a Concerned Citizens
Tribunal to go into the causes and
extent of communal violence in Gujarat
headed by 2 retired judges of this
Honble Court. The Report of this
Tribunal is published in two volumes.
The Founder members of Petitioner
No.1 included eminent personalities
such as the late renowned
Maharashtrian playwright, Vijay
Tendulkar, Alyque Padamsee, Javed
Akhtar, Anil Dharkar, Cyrus Guzder, and
others.
March-July 2002

Report of the National Human Rights

Commission headed by former Chief
Justice of India, Justice JS Verma
recommending transfer of major cases
for investigation to CBI.

May 2002

The First batch of Petitions filed in

Supreme Court praying for transfer of

cases to CBI.
2002-03

A series of further petitions, including a

petition by the National Human Rights
Commission were filed in this Honble
Court especially with respect to the
faulty and biased investigation in the
cases of communal carnage, including
this incident as also the manner in which
the trials were being conducted. The
National Human Rights Commission
also filed Transfer Petition (Crl) No. 194202 of 2003. This Honble Court was
pleased to stay the trials in 11cases of
riots including the present case prima
facie finding that the investigation was
faulty and biased and the trial was not
being conducted properly.

June 2002-November 2003

Series of Acquittals in Major cases

including the Best Bakery Case and
Pandharwada Massacre.

12.4.2004

This Honble Court while setting aside

the judgement and order of the High
Court of Gujarat confirming the order of
acquittal by the trial court, transferred
the trial of the Best Bakery incident to
Mumbai, Maharashtra.

November 3, 2004

During the pendency of the trial of Best

bakery in Mumbai, Star Witness Zahira
Sheikh
holds a press conference in Vadodara
and hurls malafide allegations against
the Petitioner organization and Its
Secretary.

November 2004

Petitioner Organisation and Its

Secretary file an application before this
Honble Court praying for an
investigation into the manner in which
Ms.Sheikh changed her stand.

August 2005

The Honble Registrar General submits

a report exonerating the Petitioner
Organisation and Its Secretary and
indicting Ms Zahira Shaikh for having
accepted inducements allegedly from
BJP MLA Madhu Srivastava.

18.1.2008

Mr. Raees Khan Azeezkhan Pathan was

one of the employees of the petitioner
no. 1 but because of his uncalled for
conduct towards the victims of the riots
for which the petitioners were working
for his services with the petitioner no.
1s

organization

was

discontinued.

Therefore, Mr. Raees Khan Azeezkhan

Pathan was no more involved in any
work

of

the

Secretary

of

petitioner
the

no.1.

petitioner

The
No.1

organisation has also addressed letters

to concerned official of the State as well
as the Central Government bringing to
their notice the fact that the services of
Mr. Raees Khan Azeezkhan Pathan with
the

petitioner

no.1

has

been

discontinued and the security provided

to him as the field coordinator be
accordingly discontinued.
26.3.2008

This Honble Court in W.P. (Crl) No. 109

of 2003 and other connected matters
appointed a Special investigation Team
to give a report on the 11 trials which
were stayed by this Honble Court. The
SIT was to record the statements of
people who come forward to make
statements before it but it was made
very clear that the SIT shall not be
satisfied with only recording statements
of persons who come to have their
statements recorded and is free to
investigate further.
The SIT submitted its report to this
Honble Court but the same was not
made available to any other party
except

for

the

Learned

Amicus

appearing in the matter and to the State

of Gujarat.

27.4.2009

SIT is also asked to probe allegations

against the Chief minister of the State of
Gujarat and 61 others in SLP (crl) No.
1088/2008 where the Petitioner no.1 is
also a petitioner.

1.5.2009

By a judgement and order this Honble

court directed that the SIT should file
supplementary charge sheets in all the
cases and thereafter the trials had to
commence in Special Courts on a day to
day

basis.

It

was

directed

that

considering the nature and sensitivity of

these nominated cases, and the history
of the entire litigation, that a senior
judicial officer be appointed so that
these trials can be concluded as soon
as possible and in the most satisfactory
manner. It was also directed that in
order to ensure that all concerned have
the highest degree of confidence in the
system being put in place, it would be
advisable if the Chief Justice of the High
Court of Gujarat selects the judicial
officers to be so nominated.
2009

The Additional Sessions Judge, Court

No.5, Ahmedabad is conducting one of
the

trials

being

Criminal

Case

No.203/2009 in relation to an incident

of rioting which happened in Naroda

Gam and is popularly known as the

Naroda Gam Case.
October 2009- May 2010

Petitioner Organisation through Its

Secretary

filed

interventions

and

applications before this Honble Court

pointing out serious lacunae in further
investigations conducted by the SIT,
asking for directions for its

rec-

constitution. Some merits were found

in this application as SIT was reconstituted.
April 2010

The affidavit in rejoinder filed by the

State of Gujarat before this Honble
Court in response to the applications for
the reconstitution of the SIT make, inter
alia, malafide and vicious allegations
against the Petitioners. Interestingly,
there is a striking similarity between the
submissions of the State and the
subsequent allegations made by Rais
Khan.

1.9. 2010

Raiskhan Azizkhan Pathan first files an

Application

before

the

Special

Investigation Team (SIT) appointed by

this Honble Court making vile, baseless
and malafide allegations.
9.9. 2010 & 17.9.2010

Raiskhan Azizkhan Pathan thereafter

through a letter to the Commissioner of
Police, Ahmedabad, the Crime Branch,

Ahmedabad leveled allegations against

the petitioners and others, apparently to
safeguard the interest of the accused.
The police did not respond.
19.10.2010

An

affidavit

is

filed

by

Raiskhan

Azizkhan Pathan before the Nanavati

Shah Mehta Commission to which the
Petitioner filed a rejoinder in response.
Permission to cross examine him was
denied to the Petitioners counsel.
28.10.2010

An application was moved by Raiskhan

Aziz Khan Pathan under section 311 of
the Code of Criminal Procedure before
the Special Court conducting the trial of
Naroda

Gam

(Criminal

Case

No.

203/2009) praying that he be examined

as a witness in the said case alleging
that he was privy to information about
how the affidavits of victims/witnesses in
the present case were prepared. The
said application was filed to take out a
grudge against the petitioners and with
an ulterior motive It is also submitted
that the application also seems to be
filed at the behest of persons who are
out to scuttle the trial and stop the
delivery of justice to the victims of the
communal riots.

1.11.2010 - 3.11.2010

Application under section 311 filed by

Raiskhan Azizkhan Pathan before the
Trial Court hearing the Gulberg Trial
dismissed suspecting his credibility.

30.11.2011

Application under Section 311 filed by

Raiskhan Azizkhan Pathan in the Trial
Court hearing the Sardarpura Trial in
Mehsana District not only dismissed by
the Ld. Judge but also issued a notice to
Raees Khan on why he should not be
prosecuted for attempting to mislead
the Honble Trial Court. (CLARIFIED)

3.12.2010

The trial court hearing the Naroda Gaam

trial rejected the application of the said
Rais Khan Aziz Khan Pathan, filed to be
a witness u/s 311 Cr.P.C., and implicate
the petitioners and others,
motivated.

However,

as being

the

Learned

Special Judge directed a complaint be

made by the Registrar of the City Civil
and Sessions Court Ahmedabad under
Sections 193, 194, 195, 196, 199 and
200 and other provisions of the Indian
Penal Code against Raiskhan Azizkhan
Pathan and other persons and send it to
the competent Court
10.1.2011

The Registrar City Civil and Sessions

Court filed a Private Complaint before
the

Metropolitan

Magistrate,

Court

No.13,

Ahmedabad.

The

learned

Metropolitan Magistrate, Court No.13,

Ahmadabad,

directed

Navrangpura

police station to investigate into the

same u/s 156(3) of the code. In the said
order it is also directed that the police
inspector,

incharge

of

Navrangpura

police station shall accept the complaint

and forward the same to the Assistant
Police

Commissioner,

Division

B,

Ahmedabad City for the purpose of

investigation and place the report of
investigation within a period of 30 days.
7.2.2011

The

said

order

of

the

Learned

Metropolitan Magistrate was challenged

before the Honble High Court by the
Registrar of the City Civil and Sessions
Court Ahmedabad in the High Court of
Gujarat in Criminal Misc. Application No.
1692 of 2011 under section 482 of the
Cr.P.C..
11.7.2011

The

Honble

High

Court

by

the

impugned judgement and order affirmed

the order of the learned Magistrate.
However the order of the learned
Magistrate was modified to the extent
that the prima finding against Rais Khan
Azizkhan

Pathan

stands

and

the

investigation be carried out against the

unnamed accused.

20.7.2011

The Special Leave Petition filed

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO.

OF 2010

(Arising out of the final order and judgment dated

.7.2011 passed by the
Honble High Court of Gujarat at Ahmedabad, in Special Criminal Application No.
378 of 2010)

IN THE MATTER OF:

POSITION OF THE PARTIES
In the
Trial Court

In the
High Court

In this
Court

1. Citizens for Justice and Peace

Through its Secretary,
Nirant Juhu Tara Road,
Mumbai, Maharastra Not a party

Not a party

Petitioner no.1

2. Teesta Atul Setalvad

Nirant Juhu Tara Road,
Mumbai, Maharastra Not a party

Not a party

Petitioner no.2

VERSUS
1.

2.

The Sate of Gujarat

Through its Chief Secretary,
Sachivalaya Building
Gandhinagar, Gujarat
Prosecution Respondent no. 1

Smt. B.H. Somani

Registrar
City Civil & Sessions Court
(Designated Court)
Old High Court Compound
Navrangpura, Ahmedabad
Complainant Petitioner

3.

Contesting
Respondent No. 1

Rais Khan Aziz Khan Pathan

A/28, Ajit Residency,
Ajit Mill Compund, Rakhial,
Ahmedabad-380023
,
Complainant Respondent no. 2

Contesting
Respondent No. 2

Contesting
Respondent No. 3

A PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA

TO
THE HONBLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA
THE HUMBLE PETITION OF
THE
PETITIONER
ABOVE
NAMED
MOST RESPECTFULLY SHOWETH: -

1.

That the Petitioner above named is filing the present petition seeking
special leave to appeal against the final order and judgment dated
11.7.2011 passed by the Honble High Court of Gujarat at Ahmedabad, in
Criminal Misc. Application No. 1692 of 2011, final judgement and order
dated 3.12.2010 passed by the Additional Sessions Judge, Court No. 5,
Ahmedabad and final judgement and order dated 10.1.2011 in Inquiry No.
2 of 2011 passed by the Metropolitan Magistrate at Ahmedabad. By the
said orders the courts have allowed a process of the State of Gujarat to
engage in vicious investigation against the Petiitioner.

2.

That the brief facts of the case are as under:

a.

The present petition is connected with the communal

carnage which swept the State of Gujarat in 2002 where life
and property of the minority community were specifically
targeted.

b.

A series of petitions were filed in this Honble Court and with

respect to the faulty and biased investigation in the cases of
riots and also of the manner in which the trials were being
conducted. The National Human Rights Commission also
filed W.P. (Crl) No. 109 of 2003 and Transfer Petition (Crl)
No. 194-202 of 2003. This Honble Court was pleased to

stay the trials in 11 cases of riots including the present case

prima facie finding that the investigation was faulty and
biased and the trial was not being conducted properly.

c.

That the Petitioner no. 1 organization was set up after the

carnage in Gujarat to provide assistance to the victims of the
communal riots. The Petitioner no. 2 is the secretary of the
Petitioner no. 1 and has been spearheading the fight to get
justice for the victims of the communal riots. In the process,
the Secretary of the Petitioner organization, Petitioner no. 2
had occasion to interact with various witnesses who were
narrating the violence that was inflicted on them and their
families.

d.

The Petitioner no. 1 and 2 realized that it was impossible for

the trustees themselves to meet individual victims and it was
important to find a reliable person in Ahmedabad to be
available to victims whenever they needed help. It was in
this context that the Petitioner no. 1 employed Shri.Rais
Khan who used to live in Mumbai and relocated to
Ahmedabad and had been found to be reliable and
committed to the cause of human rights.

e.

That accordingly, the Petitioner formally engaged Sh.Rais

Khan by paying a modest salary of Rs.7,000/-. Mr.Khan was
advised to be available for the victims and introduce them to
lawyers as and when they needed the same. He was also
advised to inform the victims about the cases in this Honble

Court and their status and explain the implication of the

orders passed by this Honble Court.
f.

That at that time, the Petitioner had found Mr.Khan

completely reliable and hard working. It is because of this
belief that the Petitioner believed that he was receiving
threats to his life and accordingly an application was filed
seeking protection for him before this Honble Court. On the
said application for the Petitioners this Honble Court was
pleased to order protection from the Central Industrial
Security Force for Mr. Khan.

g.

That sometime in 2007, the Petitioner started receiving

complaints that Mr.Khan was not behaving properly with the
victims and was in fact mistreating them and even
threatening them. It was also found out that he was receiving
patronage from some active members of the VHP and also
some of the powerful accused in the carnage cases. When
these complaints become persistent, the Petitioner decided
that it was dangerous to keep his association as all the hard
work of the Petitioner would be destroyed and their credibility
would be affected. Accordingly it was decided that it is best
to discontinue with his services and public notices given in
that regard. At that time Mr. Khan was being paid
Rs.18,000/- per month as salary. When his services were
discontinued,

the

authorities/police

petitioner

organization

stations/administrators

in

informed
Gujarat,

Maharashtra and the Centre that the association with Rais

Khan has been discontinued. An advertisement was also
placed in a prominent Gujrati daily to make this public.

h.

It is submitted that the Petitioners are fighting a battle

against a vindictive administration. Since the Petitioner no.1
organization is the only consistent organization working
towards accessing justice to the victims of the communal
riots, they have been targeted and a vicious attack is made
against the Secretary of the petitioner No.1 ie. the Petitioner
no. 2. It has also been the experience of the Petitioner that
all the victims/witnesses may not have the same conviction
and courage to fight the administration. On some occasions
the victims may get threatened or induced to speak in favour
of the accused and the Petitioner no. 1 organization has
suffered this in the hands of Ms.Zahira Sheikh and her family
members. However, the organization continues to work in
the area with the expectation that their consistent work and
the perseverance would help atleast some victims and
achieving the larger cause of justice against the violence.

i.

This Honble Court in W.P.(Crl) No. 109 of 2003 and other

connected matters on 26.3.2008 appointed

Special

investigation Team (SIT) to give a report on the 11 trials

which were stayed by this Honble Court. The SIT was to
record the statements of people who come forward to make
statements before it but it was made very clear that the SIT
shall not be satisfied with only recording statements of
persons who come to have their statements recorded and is
free to investigate further.

j.

By a judgement and order dated 1.5.2009 this Honble court

directed the SIT to file supplementary charge sheets in all
the cases and thereafter the trials had to commence in
Special Courts on a day to day basis. It was directed that
considering the nature and sensitivity of these nominated
cases, and the history of the entire litigation, that senior
judicial officers be appointed so that these trials can be
concluded as soon as possible and in the most satisfactory
manner. It was also directed that in order to ensure that all
concerned have the highest degree of confidence in the
system being put in place, it would be advisable if the Chief
Justice of the High Court of Gujarat selects the judicial
officers to be so nominated.

k.

That it is submitted that there have been serious but

completely baseless and vicious allegations made against
the Petitioners by the State of Gujarat. The Petitioners
believe these allegations were primarily to ensure that she
stops supporting the victims and the victims would then be
unable to afford or access the legal services required to face
a large organized mob of criminals actively supported by the
ruling party in the State.

l.

It is in this background that on 28.10.2010 Raiskhan Aziz

Khan Pathan moved an application under section 311 of the
Code of Criminal Procedure before the Special Court
conducting the trial of Naroda Gam (Criminal Case No.
203/2009) praying that he be examined as a witness in the
said case alleging that he was privy to information about how
the affidavits of victims/witnesses in the present case were

prepared. The said application was filed to take out a grudge

against the petitioners and with an ulterior motive. It is also
submitted that the application also seems to be filed at the
behest of persons who are out to scuttle the trial and stop
the delivery of justice to the victims of the communal riots.
The prayers made in the said application was as under:
a)

with a view to bring truth on record I may be

examined as a prosecution witness and if, the prosecution is

not inclined to examine me, then in the interest of justice, I
humbly pray that this Honble Court may examine me as a
court witness under section 311 of the Cr.P.C., to prove that
Mr. Nanumiya, Madina Banu and Imran Pathan had falsely
implicated me and lied before this Honble Court and I am an
important link which can throw light on how the victims were
tutored, cheated and made to sign false affidavits by Ms.
Teesta Setalvad in the name of Interest of the Community
and no innocent is punished or prosecuted on the basis of
false testimony;

A true copy of the application made by

Rais Khan Aziz Khan Pathan dated 28.10.2010 in Criminal

case No. 203 of 2009 is annexed hereto and is marked as
Annexure P-1.

m.

There are a series of complaints and applications which

were moved by Shri Khan in various courts and before
authorities which clearly understates the ulterior motive of
Shri Khan and the people who are behind him. To
enumerate a few, details of some of the applications/
complaints filed by Shri Khan is as under:

1. Raiskhan

Azizkhan

Pathan

first

files

an

Application before the Special Investigation Team

(SIT) appointed by this Honble Court making vile,
baseless and malafide allegations. (1.9. 2010);
The SIT did not initiate any action on the basis of
this application apparently because it was filed to
damage the case of the prosecution. Thus, no FIR
was registered pursuant to such an application.
2. Through a letter to the Commissioner of Police,
Ahmedabad, the Crime Branch, Ahmedabad (9.9.
2010 &17.9.2010); The police commissioner too
did not find the application trustworthy and
therefore no action was taken initially.
3.

Affidavit Filed by Raiskhan Azizkhan Pathan

before the Nanavati Shah Mehta Commission.
(19.10.2010);

4. An application was moved by Raiskhan Aziz Khan

Pathan under section 311 of the Code of Criminal
Procedure before the Special Court conducting the
trial of Naroda Gam (Criminal Case No. 203/2009)
praying that he be examined as a witness in the
said case alleging that he was privy to information
about how the affidavits of victims/witnesses in the
present case were prepared. (28.10.2010);
5. Application under section 311 filed by Raiskhan
Azizkhan Pathan before the Trial Court hearing
the Gulberg Trial; The Ld. Trial Judge had already
examined all the eye witnesses and apparently the

application of

Raeeskhan was found to lack

credibility and hence the application was rejected.

6. Application under Section 311 filed by Raiskhan
Azizkhan Pathan in the Trial Court hearing the
Sardarp[ura

Trial

(30.11.2011)

in

Mehsana

District;

The Ld. Trial Judge had

examined all the eye witnesses and at the fag end

of the trial, the frivolous application filed by Raees
Khan was not only dismissed but the Ld. Judge
had issued notice to

Raees Khan on why he

should not br prosecuted. (CLARIFIED--- needs

clartity.What do you mean contemplating?)

n. The learned Sessions Court by a detailed

judgement and order on 3.12.2010 rejected
the application of the said Rais Khan Aziz
Khan Pathan. The learned Sessions Judge
gave a finding that how the affidavits were
prepared is not a point in issue in the trial
and also there is a doubt about the
bonafide of the applicant i.e. Rais Khan
Pathan moving the application at the fag
end of the trial. The court particularly
questions why the application was moved
only in the year 2010 when the allegations
is that the false affidavit was prepared in
the year 2002-2003. The court further
comes to a conclusion that there is some
hidden agenda either to settle scores with

his previous employer or to help the

accused persons. However, despite having
come to the conclusion that the application
was motivated, the Learned Special Judge
directed a complaint be made by the
Registrar of the City Civil and Sessions
Court Ahmedabad under Sections 193,
194, 195, 196, 199 and 200 and other
provisions of the Indian Penal Code against
Raiskhan

Azizkhan

Pathan

and

other

persons and send it to the competent Court.

(Impugned judgement and order).

n.

The Registrar City Civil and Sessions Court filed a Private

Complaint before the Metropolitan Magistrate, Court No.13,
Ahmedabad.

The learned Metropolitan Magistrate, Court

No.13, Ahmedabad, on 10.1.2011 passed an order in the

Complaint

filed

by

the

Registrar

and

directed

the

Navrangpura police station to investigate into the same u/s

156(3) of the code. In the said order it is also directed that
the police inspector, incharge of Navrangpura police station
shall accept the complaint and forward the same to the
Assistant Police Commissioner, Division B, Ahmedabad City
for the purpose of investigation and place the report of
investigation within a period of 30 days. The same was done
sans the procedure which is laid down in the Criminal
Procedure Code. (Impugned order)

o.

The said order of the Learned Metropolitan Magistrate was

challenged before the Honble High Court by the Registrar of
the City Civil and Sessions Court Ahmedbad in the High
Court of Gujarat in Criminal Misc. Application No. 1692 of
2011 under section 482 of the Cr.P.C..

p.

The Honble High Court by the impugned judgement and

order affirmed the order of the learned Magistrate but
modified the order of the learned Magistrate to the extent
that the prima finding against Rais Khan Azizkhan Pathan
stands and the investigation be carried out against the
unnamed accused.

GROUNDS
3.

Aggrieved by the said final order and judgment of the sessions court,
order of the learned Magistrate and the final judgement and order of the
Honble High Court, the Petitioners are filing the present Special Leave
Petition on the following amongst other grounds which are set out without
prejudice to each other.
A.

Because it is apparent on the face of the entire proceedings that

the attempt has been to discredit and petitioners and dissuade them from
assisting the victims of the communal riots from getting justice.
B.

Because the courts have failed to appreciate that there has been a

concerted effort to corner and

the petitioner no. 2;

the petitioners, more particularly

C.

Because Rais Khan Aziz Khan Pathan is not the only hand behind

all the campaigns against the petitioners. There have been other false
allegations and concoctions against the petitioners and more particularly
the petitioner no. 2;

D.

Because the Courts below have failed to appreciate the attempt

and effort to target a group which is supporting victims of a carnage in a

concerted manner to ensure that these victims get justice;

E.

Because the learned sessions judge rightly concluded that the application
was motivated and filed with a purpose of seeking a vendetta against the
Petitioner but despite having come to that conclusion ordered that a
complaint be filed thereby giving an already vindictive State machinery an
opportunity to harass the Petitioners;

F.

Because the courts below failed to appreciate that similar allegations were
made against the Petitioner by Zahira Shaikh and after a thorough inquiry,
the allegations were found to be incorrect;

G.

Because the learned sessions judge has rightly given a finding that a
finding that there is a doubt about the bonafide of the applicant i.e. Rais
Khan Pathan moving the application at the fag end of the trial. The court
particularly questions why the application was moved only in the year
2010 when the allegations is that the false affidavit was prepared in the
year 2002-2003. The court further comes to a conclusion that there is
some hidden agenda either to settle scores with his previous employer or
to help the accused persons.

H.

Because the learned Public prosecutor in the Naroda Gaam trial had
objected to the application of Rais Khan and submitted that the whole act
of Shri Khan will jeopardize the entire trial.

I. Because the courts below failed to appreciate that Shri.Khan was filing the
applications at every forum and his intention was to somehow get an
adverse order passed against the Petitioner by some means;
J.

Because neither the Petitioner nor its Secretary were heard before

the Honble Gujarat High Court before the Impugned Order was passed
K.

Because the Special Investigation Team (SIT) appointed by this

Honble Court too was not heard before the Honble Gujarat High Court
before the impugned Order was passed.
L. Because the courts below failed to appreciate that even otherwise the
order of

the Ld. Magistrate dtd. 10.01.2011 is illegal and against the

provisions of the law in as much as the Ld. Magistrate had no jurisdiction

to order investigation to Assistant Police Commissioner, Sector B,
Ahmedabad City. The Ld Magistrate could have at the best ordered
investigation to a police officer in charge of the concerned police station.
M. Because the directions issued upon the application of the respondent no. 3
herein will give an opportunity to the powerful accused to make a last
effort at

damaging the case of the

prosecution and thereby secure

acquittal by tampering with the witnesses.

4.

That the petitioner has not filed any other petition before this Honble
Court before any other court against the impugned order in the present
petition and seeking similar relief.

5.

That the annexures filed with the present petition formed part of the
records of the courts below and are their respective true translated copies.

PRAYER
The Petitioner Most Respectfully prays that this Honble Court may graciously be
pleased to:
a) grant special leave to appeal against the final order and judgment dated
11.7.2011 passed by the Honble High Court of Gujarat at Ahmedabad, in
Criminal Misc. Applciation No. 1692 of 2011; final judgement and order
dated 3.12.2010 passed by the Additional Sessions Judge, Court No. 5,
Ahmedabad and final judgement and order dated 10.1.2011 in Inquiry No.
2 of 2011 passed by the Metropolitan Magistrate at Ahmedabad
b) pass such other order/s as this Honble Court may deem fit and proper in
the facts and circumstances of the case and in the interest of justice
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND
SHALL EVER PRAY.

Filed by:

(Aparna Bhat)
Advocate of the Petitioner
New Delhi
Drawn on:
Filed on:

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO.
(Arising out of the final order and judgment dated
Honble High Court of Gujarat at Ahmedabad, in

OF 2011
.7.2011 passed by the
)

IN THE MATTER OF:

Citizens for Justice and Peace and Anr.

PETITIONERS

VERSUS

State of Gujarat & Ors.

RESPONDENTS

CERTIFICATE

Certified that the Special Leave Petition is confined only to the pleadings before
the Court whose order is challenged and the documents relied upon in those
documents. No additional facts, documents or grounds have been taken or relied
upon in this Special Leave Petition. It is further certified that copies of the
documents/annexures attached to the Special Leave Petition are necessary to
answer the question of law raised in the petition or to make the grounds urged in
the Special Leave Petition for the consideration of this Honble Court. This
certificate is given on the basis of instructions given by the Petitioner/person
authorized by the Petitioner whose affidavit is filed in support of the SLP.

(Aparna Bhat)
Counsel for the Petitioners
Filed on:
New Delhi

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDISDICTION
Crl.M.P. No.

of 2011

IN
SPECIAL LEAVE PETITION (CRIMINAL) NO.

OF 2011

IN THE MATTER OF:

Citizens for Justice and Peace and Anr.

PETITIONERS

VERSUS

State of Gujarat & Ors.

RESPONDENTS

AN APPLICATION FOR PERMISSION FOR FILING THE SPECIAL LEAVE

PETITION

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 SHOWETH:

1.

The Petitioners are filing the above Special Leave Petition under
Article 136 of the Constitution of India being aggrieved by the final
order and judgment dated 11.7.2011 passed by the Honble High Court
of Gujarat at Ahmedabad, in Criminal Misc. Application No. 1692 of
2011; final judgement and order dated 3.12.2010 passed by the
Additional Sessions Judge, Court No. 5, Ahmedabad and final
judgement and order dated 10.1.2011 in Inquiry No. 2 of 2011 passed
by the Metropolitan Magistrate at Ahmedabad. By the said orders the
courts have directed investigation against the petitioner and others on
a false and concocted allegation. The facts and circumstances leading

to the filing of the 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. The Petitioner
Organisation was not heard before the Honble Gujarat High Court.

2.

The Petitioner No.1 is an organization, which started as a response to

the carnage, which took place in Gujarat from 27th February 2002
onwards. Its main objective is to bridge the gap between the various
religious communities as also to ensure that justice is done to those
who are the victims of communalism. Towards this end it is involved in
various activities including relief and rehabilitation, public advocacy on
the issue of communalism. It had set up a citizens tribunal to go into
the causes and extent of communal violence in Gujarat headed by 2
retired supreme court judges. The Report of this Tribunal is published
in two volumes.

3.

The active members of Petitioner No.1 include eminent personalities

such as Vijay Tendulkar, Alyque Padamsee, Javed Akhtar, Anil
Dharkar, Cyrus Guzder and others. Petitioner No.2 is the Secretary of
Petitioner No.1 and is a journalist by profession. She has been closely
associated with the events in Gujarat since the beginning of the
carnage. Petitioner No.3 is Zahira Sheikh, who is one of the main eyewitnesses who was forced to turn hostile in the Court. Petitioner No.3
and her family have been threatened and intimidated by Respondents
23 and 24 and forced them to turn hostile leading to the acquittals are
the persons.

4.

The petitioners have been actively involved in proceedings before this

Honble Court and this Honble Court on the petitions and applications
of the petitioners were pleased to pass various orders.

5.

The petitioners are now the target of concerted effort of people with
vested interest to sabotage the efforts of the petitioners to help the
victims of the communal riots. The orders under challenge in the
present petition would directly affect the petitioners herein and is
therefore craves permission of this Honble Court to file the present
SLP.

6.

That the application is bonafide and made in the interest of justice.

PRAYER:
In the facts and circumstances stated herein above it is Most Respectfully
prayed that this Honble Court may be pleased to:
a)

permit the petitioners herein to file the Special Leave to appeal

against the final order and judgment dated 11.7.2011 passed by the
Honble High Court of Gujarat at Ahmedabad, in Criminal Misc.
Application No. 1692 of 2011; final judgement and order dated
3.12.2010 passed by the Additional Sessions Judge, Court No. 5,
Ahmedabad and final judgement and order dated 10.1.2011 in
Inquiry No. 2 of 2011 passed by the Metropolitan Magistrate at
Ahmedabad.;

b)

pass any such further or other order(s) as this Honble 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

Filed by:

APARNA BHAT
COUNSEL FOR THE PETITIONERS
DATED:
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDISDICTION
Crl.M.P. No.

of 2011

IN
SPECIAL LEAVE PETITION (CRIMINAL) NO.

OF 2011

IN THE MATTER OF:

Citizens for Justice and Peace and Anr.

PETITIONERS

VERSUS

State of Gujarat & Ors.

RESPONDENTS

AN APPLICATION FOR CONDONATION OF DELAY IN FILING THE SPECIAL

LEAVE PETITION

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 SHOWETH:

1. The Petitioners are filing the above Special Leave Petition under Article
136 of the Constitution of India being aggrieved by the final order and
judgment dated 11.7.2011 passed by the Honble High Court of Gujarat at
Ahmedabad, in Criminal Misc. Application No. 1692 of 2011; final

judgement and order dated 3.12.2010 passed by the Additional Sessions

Judge, Court No. 5, Ahmedabad and final judgement and order dated
10.1.2011 in Inquiry No. 2 of 2011 passed by the Metropolitan Magistrate
at Ahmedabad. By the said orders the courts have directed investigation
against the petitioner and others on a false and concocted allegation. The
facts and circumstances leading to the filing of the 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. The
Petitioner was not heard before the Honble Gujarat High Court.
2. That it is most respectfully submitted that the petitioner was not a party
before the Sessions Court, the Magistrates Court or the Honble High
Court.
3. That the petitioner herein made enquiries from several sources and the
petitioners came to know of the proceedings of the courts. The petitioners
being the affected parties are therefore filing the present SLP. But by the
time the petitioner came to know of the same the limitation for filing a
Special Leave Petition before this Honble Ocurt against the order of the
learned Sessions judge and the learned Magistrate were over .
4. That the petitioner prefers this petition before this Honble Court so that
there is no miscarriage of justice.
5. That it is Most Respectfully submitted that the delay deserves to be
decided on merits since it involves
6. That it is Most Respectfully submitted that the delay in filing the Special
Leave petition has occurred due to bonafide reasons and despite the
exercise of due diligence by the petitioner/Applicant herein.
7. That this application is bonafide and made in the interest of justice.

PRAYER:

In the facts and circumstances stated hereinabove it is Most Respectfully

prayed that this Honble Court may be pleased to:

a)

condone the delay of

days in filing the Special Leave petition

against the final judgement and order dated 3.12.2010 passed by

the Additional Sessions Judge, Court No. 5, Ahmedabad and
condone the delay of

days in filing the SLP against the final

judgement and order dated 10.1.2011 in Inquiry No. 2 of 2011

passed by the Metropolitan Magistrate at Ahmedabad;

b.

pass any such other or further order(s) as this Honble Court may
deem fit and proper in the facts and circumstances stated herein
above.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS/PETITIONERS AS IN

DUTY BOUND SHALL EVER PRAY
Filed by

APARNA BHAT
COUNSEL FOR THE PETITIONERS
DATED: