SC notice to Gujarat law minister, MP

New Delhi, Nov 25 (UNI) The Supreme Court has issued notices to Gujarat law minister Ashok Bhatt and an Ahmedabad MP on a petition challenging the state High Court judgement which discharged them from a case in which they were facing charges of inciting a mob that killed a police head constable in 1985.

A Bench comprising Mr Justice Arijit Pasayat and Mr Justice S H Kapadia on Thursday issued notices to state law minister Ashok Bhatt and Ahmedabad MP Harin Pathak on a petition filed by one Parkash Gurjar.

Gurjar in his petition has contended that he was pursuing the case on behalf of the widow of head constable Laxman Desai, who was allegedly killed by a mob indulging in communal riots on April 24,1985, when the two leaders reportedly delivered inflammatory speeches.

The trial court had rejected the applications of the two seeking discharge in the case, but the High Court reversed the decision and discharged them in its judgement in July, 2006.

The counsel for the petitioner Minaxi Arora had contended before the apex court that the state had not preferred appeal for political reaons as the two were senior leaders of the ruling BJP in the state and one of them is a state cabinet minister.

It was also pleaded before the bench that the High Court had committed a grave error by discharging the two without trial despite the presence of strong evidence on record. ''The trial has not made any progress for the last over 21 years and the impugned order of the High Court if not set aside would lead to total miscarriage of justice as the same is perverse and suffers from the vice of total non-application of mind,'' the petition said.

UNI AKS/SC MSJ HS1640