- (1.) BY order dated 26. 3. 2008 in this group of cases this Court had directed the Gujarat Government to constitute a five members Special investigation Team (in short the 'sit') to be headed by Mr. R. K. Raghavan, former Director of the Central Bureau of Investigation to undertake inquiry/investigation including further investigation in nine cases. It was further directed that the SIT shall submit its report within a particular time. The State Government issued a Notification dated 1. 4. 2008 constituting the sit. On 11. 2. 2009 the SIT has submitted its consolidated report. It has indicated therein that since its constitution the SIT has made considerable progress in respect of each of the nine cases and the current status is as follows: JUDGEMENT_622_TLPRE0_2009Html1.htm
(2.) IN separate sealed covers the IO's report in each case accompanied by the Supervising IGP and the Chairman's comments were submitted. The other members of the team are Shri C. B. Satpathy, Smt. Geetha Johri, Shri shivanand Jha and Shri Ashish Bhatia. The last three are officers of the indian Police Service from the Gujarat cadre. Pursuant to the directions given by this Court copies of the report were supplied to learned Amicus Curiae and learned counsel for the State of gujarat. Suggestions have been given by learned Amicus Curiae, learned counsel for the State and some of the parties in the proceedings. Several important aspects need to be noted in these cases. Firstly, due to the efforts of SIT, persons who were not earlier arrayed as accused have now been arrayed as accused. From the details indicated above it appears that in most of the cases a large number of persons have been additionally made accused. Besides this, a large number of witnesses were also examined in each case. This goes to show the apparent thoroughness with which the sit has worked. Therefore, the SIT shall continue to function until the completion of trial in all the cases and if any further inquiry/investigation is to be done the same can be done as provided in law, more particularly, under section 173 (8) of the Code of Criminal Proceudre,1973 (in short the 'code' ).
(3.) A few important aspects concerning the cases need to be noted. (1) Fair trial (2) Modalities to ensure that the witnesses depose freely and in that context the need to protect the witnesses from interference by person (s) Connected with it is the protection of victims who in most cases are witnesses. (3) Able assistance to court by competent public prosecutors. (4) Further role of SIT. So far as fair trial is concerned the discovery and vindication and establishment of truth are certainly the main purposes of courts of justice. They are the underlying objects for the existence of the courts of justice.;