- (1.) This is an application seeking clarification of the order dated 12th October 2012 passed by this Bench in Writ Petition [PIL] No. 216 of 2012 by which we disposed of the Public Interest Litigation filed by the respondents No.2 and 3 of this application.
(2.) In the above writ-petition, the writ-petitioners therein prayed for the following reliefs as stated in paragraph 12 of the said writapplication:- "(A) Direct the Respondent No.1 to exercise its powers under Section 4 of the Commission of Inquiries Act to direct Respondent No.2 to protect and preserve all the documents sought vide applications dated 30/12/2011 and 21/02/2012. (B) Direct the Respondent No.1 to exercise its powers under Section 4 of the Commission of Inquiries Act to direct Respondent No.2 to forward all the documents sought for by the applications dated 16/05/2011, 15/12/2011, 23/12/2011 and 11/02/2011 to the Petitioners; (C) Direct the Respondent No.1 to exercise its powers under Section 4 of the Commission of Inquiries Act to direct Respondent No.2 to forward all the 'representations' referred to in the Notification dated 20/07/2004 to the Petitioners; (D) Direct the Respondent No.1 to exercise its powers under Section 5 read with Section 4 of the Act to further examine the Petitioner No.2; and/ or (E) Direct the Respondent No.1 to issue notice to the present Chief Minister so as to enable his appearance and examination; (F) Direct the Respondent No.1 to submit the final report in respect of the amended terms of reference to the Office of Her Excellency the Governor of Gujarat rather than to Respondent no.2; (G) Interim-relief-During the pendency of the present Petition and pendency of proceedings before the Commission in view of the reliefs sought at Clause Nos."A"-"E", direct Respondent No.1 not to submit the final report as mandated under the Terms of Reference; (H) Any other order that may be deemed appropriate and necessary."
(3.) The case made out by the writ-petitioners in the above Public Interest Litigation may be summed up thus:- [a]. Pursuant to the setting in fire of Sabarmati Express Train on 27th February 2002 near Godhra Railway Station, the Government appointed a Commission of Inquiry in exercise of powers conferred by section 3 of the Commissions of Inquiry Act, 1952 to inquire into the incidents of violence in the State in the aftermath of the Godhra incident, etc. [b]. The writ-petitioner No.2, who is the respondent No.3 before us, wanted to give evidence in the Commission and for the purpose of giving evidence by way of affidavit, he wanted to rely upon certain documents. For the above purpose, he wanted to have inspection of some documents as indicated in the writ-application but the Commission refused to issue any direction upon the State Government for giving inspection of those documents. The further grievance of the petitioners was that it appears from an interview given in the newspapers, viz. Indian Express, by the Senior Counsel who appeared before the Commission on behalf of the State Government, certain intelligence reports relating to the 2002 riots were destroyed in the year 2007. Subsequently, however, a report appeared in a section of the media that the State Government had denied the aforesaid allegation. [c]. According to the writ-petitioners, if those documents are destroyed, and at the same time, the petitioner no. 2 therein was not given opportunity to inspect those documents before giving evidence before the Commission, the purpose of appointing the Commission would be frustrated. [d]. Further prayer of the petitioners was for a direction upon the Commission to issue notice to the Chief Minister of Gujarat to compel his appearance and examination and that the Commission should submit its final report in respect of amended terms of reference to the office of the Honourable Governor of Gujarat rather than to the Chief Secretary of the State of Gujarat.;