- (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: 3. 1 In pursuance of the incident known as Godhra carnage, a mob of 5000 to 6000, armed with swords and dharias came to the village of petitioner No. 1. Petitioner No. 1 along with others ran to the field and hid themselves behind hay stacks. The mob set fire to the dry grass. Thereupon the petitioner no. 1 and others started running to escape from the mob. However, the mob caught hold of various persons and killed them. After the incident the Sarpanch and others made petitioner No. 1 and others to pick up nine dead bodies and dump them into one of the vehicles. Petitioner No. 1 and others were taken away in another vehicle and petitioner No. 1 was told that the dead bodies would be brought to them. The vehicle carrying the dead bodies went to Lunawada side and thereafter they had never seen the dead bodies. 3. 2 On 27th December 2005 petitioner No. 2 came to know that certain dead bodies were buried on the bank of river panam, Lunawada. Petitioner No. 2 and others went to the site and dug out the dead bodies. According to the petitioners, after unearthing the dead bodies the police is required to follow the procedure as envisaged under Section 174 and 176 of Crpc. On 1st March 2002 the police had sent the dead bodies to the hospital for post mortem and thereafter the dead bodies have been disposed of. However, on 27th december 2005 when the dead bodies were taken out, the clothes worn by the deceased were the same as they were wearing at the time of the incident when they were alive. Had the postmortem been performed, the doctors would have covered the dead bodies with white clothes in accordance with law. The police was also required to draw Panchnama of the clothes of the deceased. However, when the dead bodies were unearthed, the bodies were found with same clothes which they had worn on 1st March 2002. Therefore, the petitioners apprehend that the police would not carry out the investigation properly and the same is required to be handed over to CBI. Accordingly the present petition has been filed. ;