(1.) There is a delay of 216 days in filing of this special leave petition against the judgment and order dtd. 5/10/2017 passed by the High Court of Gujarat at Ahmedabad (for short, "the High Court") in Criminal Revision Application No. 205/2014. Even though the explanation offered in the application for condonation of delay is blissfully vague and bereft of any material facts and particulars, keeping in mind the subject matter involved, we deemed it appropriate to ignore/condone the delay and proceeded to hear the matter on merits.
(2.) We must note that the respondents had faintly objected to the hearing of this matter on merits owing to unexplained delay in filing of the petition. However, they have a serious objection to the joining of Ms. Teesta Setalvad (as petitioner No. 2). Firstly, because, the protest petition on which impugned order had been passed and assailed in this appeal, was filed only by the appellant (hereinafter, "appellant" means Zakia Ahsan Jafri only)- Zakia Ahsan Jafri, wife of deceased - Mr. Ehsan Jafri and on the earlier occasion (proceedings before the High Court), it has been ruled that she had no locus standi to join the cause of appellant, which opinion has become final as it has not been reversed by this Court in SLP(Crl.) No. 1088/2008. Secondly, the antecedents of Ms. Teesta Setalvad need to be reckoned and also because she has been vindictively persecuting this lis for her ulterior design by exploiting the emotions and sentiments of appellant - Zakia Ahsan Jafri, the real victim of the circumstances. On the other hand, according to Ms. Teesta Setalvad, she is a bonafide crusader of human rights issues and has been following this case closely being fully convinced about the cause in quest of justice. However, as aforementioned, we have leaned in favour of examining the merits of the challenge to the impugned order(s) at the instance of appellant - Zakia Ahsan Jafri. For, because of the subject matter, this Court in the past had to invoke its role of parens patriae in issuing sui generis directions including in constituting a Special Investigation Team (for short, "SIT") to investigate into the matter and to present appropriate report before the Metropolitan Magistrate taking cognizance of Crime Report (CR) No. 67/2002 dealing with the Gulberg Society, Meghaninagar case. Thus, we do not wish to dilate on the issue of locus of Ms. Teesta Setalvad and keep that preliminary objection open to be decided in an appropriate case.
(3.) In that light, we have granted leave to appeal and decided to examine the matter on merits at the instance of the appellant - Zakia Ahsan Jafri.
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