Gujarat Riots: Expedite trial, record evidence via video conferencing, Supreme Court in Gulbarga and Naroda Gaon cases

The Supreme Court on August 22 ordered the Trial court as well as the Juvenile Board to expedite disposal of the cases in two matters relating to 2002 Gujarat riots ..A Bench of the Chief Justice JS Khehar and Justice DY Chadrachud was hearing the Writ Petition filed by National Human Rights Commission against the State of Gujarat..It was submitted before the bench that the two matters are still pending trial out of the total nine matters. In one of the matters, the Gulbarga Society case, trial of four juvenile accused is in progress and is pending before the Juvenile court..The second matter, wherein trial is still in progress, is the Naroda Gaon Case which is at the stage of recording of defence evidence..Regarding the first matter, the Bench ordered,.“Since the issue has been pending consideration with reference to an incident, which took place about fifteen years ago, we consider it just and appropriate to require the concerned Juvenile Court, to expedite the disposal of the matter, especially with reference to the recording of evidence, on a day to day basis (if possible), and to conclude the same at the earliest.”.With respect to the second matter, the Court was informed that one of the witness lives abroad and a request to record the evidence via video conferencing was made which the bench accepted. The Court, however, made it clear in that the parameters laid down by the Supreme Court in Sujoy Mitra versus State of West Bengal must be followed. The Court also asked the trial court to complete the recording of evidence of the remaining defence witnesses within two months..“…we require the trial Court to complete the recording of evidence of the remaining defence witnesses, within the outer limit of two months. The defence, may be required to produce the remaining witnesses, within one month from today, and in case the remaining witnesses cannot be produced for the reason that one or more of them are not located within the territorial jurisdiction of the concerned Court (we are informed, that one of the witnesses is abroad), their evidence may be recorded by way of video conferencing, by following the parameters laid down by this Court in Sujoy Mitra versus State of West Bengal (2015) 16 SCC 615.”.The bench also expressed its desire that trial Court shall render its judgment within four months..“Under all circumstances, we hope and expect that the trial Court shall render its judgment in the instant second matter, within four months from today.”.Read the order below.