JUDGEMENT
J. B. PARDIWALA, J. -
(1.)THIS petition in the nature of a Public Interest Litigation has been filed by a President of an N.G.O. named Prakruti Environment Research and Development, registered as a Public Trust, and has prayed for the following reliefs : -
"(A) To admit and allow this Public Interest Litigation. (B) To issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus declaring the action of respondent No.1 to 3 as unjust, improper, contrary to the provisions of law therefore illegal insofar as it relates to interference with the investigation carried out by respondent No.4 and be further pleased to direct the respondents not to interfere in any manner whatsoever in the process of investigation by respondent No.4.
(BB) To issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus declaring the action of Respondent Nos.3 and 4 in not arraigning Shri Rajendra Kumar as an accused as dishonest, failure in performance of statutory duty and based on extraneous considerations.
(C) To direct respondent No.4 to file necessary proceedings against the concerned officers under Section 201 of Indian Penal Code and place the report before this Hon'ble Court.
(D) Pending hearing and final disposal of this petition, Hon'ble Court be pleased to direct the respondent No.4 to discharge the function of investigation independently without being influence by the directions and interference of respondent No. 1 to 3 in the process of investigation assigned pursuant to the order passed by this Hon'ble Court Annexure "E" to this petition.
(DD) During the admission, pendency and final disposal of this petition be pleased to call upon the Respondent CBI, SCB, Mumbai to place before this Honourable Court reason for not implicating Mr.Rajendra Kumar as an accused.
(E) Pending hearing and final disposal of this petition, Hon'ble Court be pleased to call for the case diary of investigation from respondent No. 4. (F) Be pleased to grant any other and further relief as think fit and proper in the facts and circumstances of the case and in the interest of justice."
The case made out by the petitioner in this petition may be summarised as under : -
(2.)A Police Inspector of Crime Branch, Ahmedabad, Shri J.G.Parmar lodged a First Information Report on 15th June 2004 with the Crime Branch Police Station, Ahmedabad vide C.R. No.I -8 of 2004, inter alia, stating that on 14th June 2004 at about 23:00 hours an information was received by the Joint Commissioner of Police Shri P.P.Pandey through his personal sources that in a blue coloured Indica Car bearing Registration No.MH -02 -JA -4786, one individual named Javed and two Pakistani Fidayeens had left Mumbai for Ahmedabad with arms and ammunition. As the said information was supported by the intelligence sources, the Additional Commissioner of Police (Crime Branch), namely, Shri D.G.Vanzara directed the Assistant Commissioner of Police and the Police Inspector to keep a close watch and apprehend those persons. A team comprising of high ranking Police Officers kept a close watch over Indira Bridge as the information received was that the blue coloured Indica car may pass through the Indira Bridge. The Indica car was spotted and on instructions from one Shri Amin, a high ranking Police Officer, a shot was fired by a Commando which hit the rear tyre of the Indica car, as a result of which the car stopped. One terrorist got down from the car armed with AK.56 and started firing towards the Police Officers. The other terrorist who was sitting in the car also started firing. The team of Police Officers also opened fire on all those persons who were in the car and finally four persons including a lady were shot dead.
(3.)IT was stated in the First Information Report that all the deceased persons were terrorists - Fidayeens of prohibited Lashker -e -Taiba and had hatched a conspiracy to kill the Chief Minister of Gujarat. As a part of the conspiracy they had entered Ahmedabad and were shot dead by the Police Officers.
The First Information Report was registered for the offences punishable under Sections 3(2)(a) and (c), 13, 14 of the Foreigners Act, Sections 120B, 121, 121A, 122, 123, 307, 553, 186 of the Indian Penal Code, Sections 27, 29 of the Arms Act, Sections 3(1)(a)(b), 3(2), 3(3), 20 and 21 of the Prevention of Terrorism Act and Section 135(1) of the Bombay Police Act.
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