GAGAN S SETHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common questions of fact and law are involved in the above captioned writ petitions/appeal, they were all heard together and are being disposed of by this common judgment and order. The main writ petition is SCA No. 14664 of 2008, which is filed in public interest pursuance of the judgment of the Hon'ble Supreme Court of India, rendered in the case of National Human Rights Commission Vs. State of Gujarat, reported in 2004 (8) SCC 610, wherein after the communal rights of the year 2002 in Gujarat, National Human Rights Commission approached the Hon'ble Supreme Court under Art. 32 of the Constitution of India, praying for setting up of a Committee for overlooking a Special Investigation Team to be set up by the State Government, more particularly to enquire into those cases in which final reports had been filed by the local police Stations, closing the same and with regard to other related issues. The judgment and order in SCA No. 14664 of 2008 would also govern the case of the petitioners/appellants in the other connected matters being LPA No. 502/10 in SCA No. 13105/09, SCA No. 3605/11, SCA No. 389/11 and SCA No. 3217/03, which were also being heard along with the Public Interest Litigation SCA No. 14664 of 2008.

(2.) BRIEF facts of the case are summarised hereunder:-

(3.) FROM the record we found that during the pendency of the petition the Government of India, issued an order dated 23.12.2008, according sanction of Rs. 50 Crores as an additional ex-gratia relief and rehabilitation package towards damage to residential property. Consequently, the State Government issued a Resolution dated 19.01.2009, resolving that the amount would be made available to the relevant District Collector for its onward disbursement and by order dated 14.05.2009, this Court gave following directions:-