- (1.) This application has been made for the setting up of a committee for overlooking a Special Investigation Team to be set up by the State Government of Gujarat to enquire into those cases in which final reports have been filed by the local police stations closing the same. The State Government has filed an application in which it is stated that the State Government has already authorised high-ranking officers to monitor each and every investigation which has been carried out in connection with the communal riots which have taken place in the State. It is submitted that the communal riots which have taken place, have taken place in particular districts of the State and not throughout the State. It is also stated to this Court by the State that the particular police districts in which there have been communal riots are under the supervision of Range Inspector Generals.
(2.) At the outset, we may point out that today when the matter reached hearing, we made it clear to all the parties appearing before us (including the State of Gujarat) that in this matter we are not going to proceed on the basis that the entire investigating machinery in the State has failed; that there should be further/more extensive and in-depth investigation into cases, numbering 2000, in which "a" Summary Reports have been filed resulting in closure of cases at the threshold and that the State should consider further/extended investigations through its own high-ranking officers to which none of the parties concerned (including the State of Gujarat) had any objection.
(3.) Having heard the submissions of the parties and having regard to the extant procedure in the State relating to the monitoring of investigation, in order to provide for a more integrated approach to the issues raised in the application of the amicus curiae, we direct the State Government to set up a Cell which would consist of the following: (1) Seven Range Inspector Generals who are at present supervising the 30 districts in which the communal riots have admittedly taken place. (2) The Range Inspector Generals shall look into the FIRs, the existing material in support of those FIRs, any other material found or brought to their notice and then decide in connection with each of the 2000 cases whether further investigation is necessary. In the event of their coming to the conclusion that further investigation is not required, the reasons for their conclusion shall be recorded and put on the Internet for the purposes of informing anyone who may be interested in bringing the matter to the attention of the court. (3) The Range Inspector Generals will report to two Additional director Generals to be nominated by the State Government for the purposes of overlooking the work of the Range Inspector Generals. (4) The Additional DGs will ensure the correctness of the reports to be submitted to them by the Range Inspector Generals and submit the same to the Director General of Police who will be in overall charge and will report to this Court as to the outcome of the status of the matters considered by the Cell operating under his supervision. The DGP should give such status report to this Court quarterly (every three months). The first of such report shall be submitted within 90 days. In this report, the dgp will give the status report of cases in which the Cell is of the opinion that further/extended investigation is warranted. The Cell will also in its report state the particulars of cases in which according to the cell, further investigation is not warranted. (5) In cases where further investigation is necessary, the same shall be carried out by the officer to be nominated by the Cell after forwarding its report to the authorised Magistrate concerned. However, in this connection it is clarified that the Cell should not nominate an officer for such investigation who has in the past submitted a summary report. In other words, a fresh look must be given by an independent officer.;