UNION OF INDIA Vs. NILKANTH TULSIDAS BHATIA

JUDGEMENT

(1.) This appeal is directed against the order dated 7-3-2006 of the learned single Judge directing the Railway Administration and all others not to give any further publicity to the report of the High Level Committee headed by Mr. Justice U. C. Banerjee and not to implement and not to take any further action on the basis of the said report meaning thereby the learned single Judge has directed that the said report shall not be further acted upon and relied upon in any manner whatsoever by anybody including the respondents. The learned single Judge has also fixed the final hearing of the petition in the week commencing from 3-4-2006. We heard the learned Counsel at length. With their consent, the appeal was taken up for final disposal and is accordingly being disposed of by this judgment.

(2.) On 27-2-2002, an unfortunate incident took place when 58 passengers lost their lives on account of the fire caused in the S-6 coach of Sabarmati Express near the Godhra Railway Station and more than 40 passengers sustained injuries. Criminal complaints came to be filed being C.R. Nos. 9 and 10 of 2002 at Godhra Railway Police Station on 27-2-2002 itself, for the offences punishable under SeCs. 302, 307, 147, 148, 149, 436, 153A read with Sec. 120B of the Indian Penal Code and SeCs. 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of the charge-sheets, the case is transferred to the Special Court under P.O.T.A. where the trial for the aforesaid criminal offences is still pending.

(3.) Appointment of Commission of Inquiry :