LAWS(SC)-2004-12-85

ZAHIRA HABIBULLAH SHEIKH Vs. STATE OF GUJARAT

Decided On December 06, 2004
ZAHIRA HABIBULLAH SHEIKH Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) From the documents annexed, it appears that Ms. Zahira Habibullah sheikh has submitted an affidavit to the Vadodara Collector through her lawyer that the statements she gave earlier in the Fast Track Court (Vadodara) were true statements. The necessary corollary is that what has been stated by her in her affidavits, which form part of the record of this Court, were not correct and are false affidavits.

(3.) Issue notice to Ms. Zahira Habibullah Sheikh to respond to the statements made in this behalf in the petitions and to state why the contents of the affidavits before this Court are not to be treated as contrary to what is purported to have been stated in the affidavit stated to have been filed before the Collector. If they are so, it shall be explained as to why they do not amount to contempt. Issue notice to the State of Gujarat and the National human Rights Commission which were parties in the appeals. The State of gujarat which was the appellant in one of the appeals shall indicate its stand as to whether it would consider it to be contempt or not. We make it clear that we have not expressed any opinion at this stage as to whether it amounts to contempt or not. This question shall be further gone into after the response by ms Zahira Habibullah Sheikh is filed.