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Showing contexts for: "amicus curiae" in Jakia Nasim Ahesan & Anr vs State Of Gujarat & Ors on 12 September, 2011Matching Fragments
4. On 3rd March, 2008 while issuing notice to the Union of India and State of Gujarat, an Amicus Curiae was appointed to assist the Court.
Vide order dated 27th April, 2009, the Special Investigation Team (for short "the SIT"), which had been constituted vide order dated 26th March, 2008 to carry out further investigations in nine cases, subject matter of Writ Petition No. 109 of 2003, was directed `to look into', the complaint submitted by the appellant on 8th June, 2006 to the Director General of Police, Gujarat. Pursuant to the said direction Shri A.K. Malhotra, former D.I.G. (C.B.I.) and one of the members of the SIT, examined a number of witnesses and looked into a large number of documents made available to him. A report, dated 12th May, 2010, was submitted to this Court by the Chairman, SIT, concurring with the findings of Shri A.K. Malhotra.
5. In his report dated 12th May, 2010, Shri A.K. Malhotra, inter alia recommended further investigation under Section 173(8) of the Code against certain Police officials and a Minister in the State Cabinet.
Consequently, further investigation was conducted and a report dated 17th November, 2010, was submitted by the SIT. On 23rd November, 2010, Shri Raju Ramachandran, Senior Advocate and Shri Gaurav Agarwal, Advocate, replaced the previous Amicus Curiae, who had expressed his unwillingness to continue.
"Pursuant to our order dated 15th March, 2011, the Chairman, Special Investigation Team (SIT) has filed report on the further investigations carried out by his team along with his remarks thereon. Statements of witnesses as also the documents have been placed on record in separate volumes. Let a copy of all these documents along with the report of the Chairman be supplied to Mr. Raju Ramachandran, the learned Amicus Curiae. The learned Amicus Curiae shall examine the report; analyze and have his own independent assessment of the statements of the witnesses recorded by the SIT and submit his comments thereon. It will be open to the learned Amicus Curiae to interact with any of the witnesses, who have been examined by the SIT, including the police officers, as he may deem fit.
If the learned Amicus Curiae forms an opinion that on the basis of the material on record, any offence is made out against any person, he shall mention the same in his report."
7. The learned Amicus Curiae has now submitted his final report dated 25th July, 2011. In light of the above conspectus and the report of the learned Amicus Curiae, the question for determination is the future course of action in the matter.