SANJIV RAJENDRA BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitions have been filed by the petitioner under Article 32 of the Constitution. In W.P. (Crl.) No.135/2011, a prayer has been made to direct transfer of the investigation arising out of I-CR. No.149/2011 registered on the basis of FIR lodged by Mr. K.D. Panth at Ghatlodia Police Station, Ahmedabad, (Rural), under sections 189, 193, 195, 341 and 342 of the Indian Penal Code (for short "IPC") to any independent agency like CBI outside the control of the State Government. An application being Criminal Misc. Petition No.15871/2015 has been filed for issuance of further directions in the changed circumstances to appoint an independent Special Investigation Team (SIT) to conduct de novo investigation in the aforesaid FIR. Prayer had also been made to investigate into the additional documents filed on 29.7.2011. Proceedings for contempt under Article 129 of the Constitution read with Contempt of Courts Act, be initiated against incumbents named in the application, and such other persons as this Court may deem fit. A prayer has also been made to direct certain service providers to preserve the e-mails and/or electronic traces thereof. Criminal Misc. Petition No.15874/2015 has been filed for impleadment of certain incumbents as respondents.

(2.) In W.P. (Crl.) No.204/2011, a prayer has been made to transfer investigation arising out of II-CR No.3148/2011 registered on the basis of the FIR lodged by the then Additional Advocate General of State of Gujarat at Vastrapur P.S., Ahmedabad, Gujarat, under section 66 of the Information Technology Act, (for short ""the IT Act") to any independent agency like the CBI outside the control of the State Government. Similarly Crl.Misc. Petition No.15875/2015 for aforesaid directions and for impleadment as respondents - Crl.Misc. Petition No.15877/2015 has been filed.

(3.) In Writ Petition (Crl.) No.135/2011, the petitioner has averred that investigation of I-CR No.149/2011 is required to be transferred to CBI or any other investigating agency/SIT outside the control of the then Chief Minister of Gujarat. Since the aforesaid FIR had been lodged with a view to falsely implicate, pressurize and intimidate the petitioner and other witnesses as the petitioner in statements before the SIT as well as before the Commission of Enquiry has divulged certain facts which have the potential of directly implicating high functionary of State of Gujarat in the riots of 2002 alleging that there is an unholy nexus between the prosecuting agency and higher echelons of the Government of Gujarat in certain judicial proceedings including W.P. (Civil) No.221/2002.