(1.) This Transfer Petition has been filed by one Jahid and 62 other Petitioners under Section 406 of the Code of Criminal Procedure for transfer of Sessions Case No. 38 of 2009 pending before the Special Judge, Ahmedabad, for trial outside the State of Gujarat.
(2.) The aforesaid Sessions Case arises out of FIR Nos. 1-236 of 2008 of Shahibaug Police Station and various other FI Rs lodged with different Police Stations in the State of Gujarat. Apart from FIR Nos. I-236 of 2008 of Shahibaug Police Station, the aforesaid Sessions Case No. 38 of 2009 also involves the following FI Rs in which the Petitioners have been implicated:
(3.) Appearing in support of the Transfer Petition, learned Advocate, Mr. Prashant Bhushan, submitted that the Transfer Petition seeking transfer of the trial of the accused in the Ahmedabad bomb blast cases, as well as in the cases relating to planting of bombs in Surat, out of the State of Gujarat, was necessitated on account of the attitude and conduct of the local authorities. Mr. Bhushan submitted that the local police authorities, jail authorities and the public prosecutor had conducted themselves in a manner which reflects total bias and prejudice against the accused and the same has created more than a reasonable apprehension in their mind that they would not get a fair and free trial in the State of Gujarat.