Guj HC rejects riot victims' plea for transfer of Gulburg case
Gujarat High Court today rejected the plea of some post-Godhra riot victims seeking transfer of their case from the special court set up on directions of the Supreme Court, alleging bias on part of the judge hearing the matter.india Updated: Jul 29, 2010 21:57 IST
Gujarat High Court on Thursday rejected the plea of some post-Godhra riot victims seeking transfer of their case from the special court set up on directions of the Supreme Court, alleging bias on part of the judge hearing the matter.
A riot victim Imtiyaz Pathan and seven others had approached the High Court alleging that the designated judge B U Joshi presiding over the trial in the Gulburg society case was biased against the victims of the incident and had an attitude that favoured the accused.
Their petition for transfer of case was earlier rejected by the Principal sessions judge G B Shah in January this year.
A division bench of Justice Jayant Patel and Justice Abhilasha Kumari, while rejecting the plea observed that "alleged apprehension of bias for seeking transfer of the cases cannot be termed as reasonable".
The court, however, also had a direction for the judge conducting trial in the case.
"We find it proper to reiterate that the learned sessions judge while conducting the trial will have a sober approach to the witnesses while exercising judicial power and he would also, as far as possible, avoid making any uncalled for comments or remarks to the parties or the proceedings, unless he finds that the same are directly relevant for exercising his judicial functions," the court observed.