SC stays further orders in Gujarat IPS officers' case

New Delhi, Mar 19 (UNI) The Supreme Court today stayed till further orders the judgement of Gujarat High Court dated February 27, passing severe strictures against former president of Gujarat High Court Bar Association for filing a petition seeking a CBI enquiry against senior IPS officers of the state for bungling and avoiding the arrest of local chief agent of ISI.

The ISI agent was found with a large quantity of arms, ammunition and RDX worth millions at Porbandar in Gujarat.

A bench comprising Chief Justice K G Balakrishnan and Justices B K Balasubramanyan and R V Raveendran also issued notices to the state of Gujarat and other respondents including three IPS officers.

According to the petitioner Yatin K Oza, former MLA, the three IPS officers deliberately did not arrest Mamu Miya, who was allegedly caught with the explosives, which were allegedly used in Bombay serial bomb blast, thereby threatening national security and integrity.

While Mamu Miya succeeded in escaping, two of his associates Lakhman Hardas and Merkhi Punja were arrested in February 1993.

Justice BJ Shethna of the High Court also imposed a fine of Rs 25,000 while noting the petition was not a PIL but Private Interest Litigation and the petitioner had sought to settle personal matter with the senior police officers and has no locus to file such PIL.

The petitioner has also alleged that Justice BJ Shethna should not have heard the petition as the petitioner had lodged a complaint against the judge for misconduct with the Chief Justice of India and acting Chief Justice of Gujarat High Court.

The petitioner has also prayed to the court to expunge the adverse remarks made by the High Court against the petitioner who is a senior advocate and also to set aside its impugned judgement.

Justice Shethna was involved in physical assault on Justice Sanghvi of the same Court.

UNI