JAKIA NASIM AHESAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave, arises out of the judgment dated 2nd November, 2007, delivered by the High Court of Gujarat at Ahmedabad in Special Criminal Application No. 421 of 2007, dismissing the writ petition preferred by one of the hapless victims of the abominable and woeful events which took place in the State of Gujarat between February, 2002 and May, 2002 after the abhorrent Godhra incident on 27th February, 2002. By the said petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code"), the appellant had sought for a direction to the Director General of Police, State of Gujarat, to register her private complaint dated 8th June, 2006 as a First Information Report and direct investigation therein by an independent agency. By the impugned judgment, the High Court has come to the conclusion that since a remedy under Section 190 read with Section 200 of the Code was available to the appellant, the writ petition was not tenable. The writ petition was accordingly dismissed by the High Court with the observation that if the appellant had got certain additional material against some persons accused in her complaint, it was open to her to approach the investigating agency, requesting further investigation, or, alternatively she could herself approach the Court concerned for further investigation in terms of Section 173(8) of the Code.

(3.) The appellant lost her husband, a former Member of Parliament, in the calamitous events which took place on 28th February, 2002, in the surroundings of Gulberg Society, Ahmedabad, where the appellant resided along with her family. An FIR relating to the incident was registered by the Police with Meghaninagar Police Station, Ahmedabad. After investigation, on the filing of the charge-sheet, the case was committed to the Court of Sessions, Ahmedabad. It was the case of the appellant that subsequently she received certain material which showed that the incidents which took place during the period between 27th February, 2002 and 10th May, 2002, were aided, abetted and conspired by some responsible persons in power, in connivance with the State Administration, including the Police. The appellant thus sought registration of another FIR against certain persons named in the complaint, dated 8th June, 2006, for offences punishable under Section 302 read with Section 120B as also under Section 193 read with Sections 114, 186 & 153A, 186, 187 of the Indian Penal Code, 1860. However, as the police declined to take cognizance of her complaint, the appellant filed the aforementioned petition before the High Court. Having failed to convince the High Court that it was a fit case for investigation by an independent agency, the appellant-complainant, supported by an NGO, is before us in this appeal.