AMMENABIBI HABIB RASOOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WHEN the matter is taken up for hearing today, a draft amendment has been submitted in the matter in court praying for directions to transfer the investigation of the offence registered as CR No. 13/2002 with Khanpur Police Station along with offence registered as CR No. I 11/2002 with Khanpur Police Station, Panchmahals to CBI direction to respondent No. 1 to return the skeletons to the respective relatives in presence of CBI and to allow dignified burial; direction to respondent no. 2 to investigate the still missing bodies related to the offence that occurred in Pandarwada between 28th February and 3rd March 2002 and to direct the respondents to ensure prevention of intimidation and harassment of the victims in connection with the aforesaid complaints. Though substantial prayers have been sought, no supporting facts are stated nor are the same affirmed by the petitioners. An attempt has been made to enlarge the scope of petition and delay the hearing which was not desirable. Therefore the draft amendment has been rejected. 1. 1 Thereafter, during the hearing of the matter same draft amendment was submitted by affirming the same. However, even in this amendment also no facts are stated to support the prayers. Hence the draft amendment is rejected.

(2.) THE petitioners herein had prayed for directions to transfer the investigation of C. R. No. I 11 of 2002 registered with Khanpur Police station, Lunavada to CBI; to seal the unearthed remains of the deceased in the presence of the relatives treating them as panch witnesses and to send the same for DNA testing to Red Hill, Hyderabad forensic Laboratory and to direct that an FIR be registered with the relatives of the deceased as complainants about the unearthing of the remains. As stated above by way of draft amendment the petitioners have prayed to transfer the investigation of the offence registered as cr No. 12/2002 with Khanpur Police Station along with the offence registered as CR No. I 11/2002 with Khanpur Police Station, panchmahals to CBI; to direct the respondent No. 1 to return the skeletons to the respective relatives in presence of the CBI for a dignified burial; to direct the respondent No. 2 to investigate the still missing bodies related to the offence occurred in Pandarwada between 28th February 2002 and 3rd March 2002 and to direct the respondents to ensure prevention of intimidation and harassment of the victims and human rights defenders associated to the offences registered as C. R. No. I 11/2002 and 13/2002 with Khanpur Police Station, Panchmahals.

(3.) THE short facts which led to filing of the present petition are as under: