MANSUKHBHAI VALJIBHAI KUMARKHANIYA (DEVIPUJAK) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Hardik J. Jani for the petitioners and learned APP Ms. M.D. Mehta for the respondent-State.

(2.) Having heard the submissions made by learned Advocates for the parties, this Court is of the prima facie opinion that this is a clear case of extreme excess by the concerned police authorities and whereas even senior officers of the level of Dy.S.P. and SP, who were supposed to hold an impartial inquiry, have just conducted a sham inquiry may be in order to protect their subordinates.

(3.) The petitioners appear to be victims on account of their birth in a particular community. Though independent witnesses appear to support the fact that the petitioner Nos. 1 and 2 being two brothers and the petitioner Nos. 3 and 4 being their wives are earning their living by way of an honest occupation, yet those aspects have not been at all considered by the concerned officers.