NEW DELHI, JULY 11: The Supreme Court today asked the Delhi High Court Chief Justice to name an Additional District and Sessions Judge (ASJ), who will examine material already placed before it by the NHRC and some NGOs in support of a petition seeking transfer of 10 post-Godhra riots cases outside Gujarat, alleging improper investigation.

A Bench of Justice K.G. Balakrishnan, Justice Tarun Chatterjee and Justice D.K. Jain wants the work completed before the matter comes up for next hearing on 20 August.

The decision came amidst objections by the Gujarat Government that criminal law was being turned on its head given the manner in which the riots cases were raised before the Supreme Court.

The ASJ would go through records in the SC Registry to find out if everything was proper with the police probe. ‘‘Let’s first see if there’s anything in the investigation. Question of considering the transfer petition arises only thereafter,’’ the Bench observed. The SC, however, turned down Amicus Curiae Harish Salve’s request for permission to place fresh material before the ASJ, saying if that was allowed, there would be no end to the process.

One of the petitioners also wanted the court to examine the 1950 odd cases that had been reopened following SC directions. This was objected to by the state’s counsel Mukul Rohtagi.

‘‘Don’t we have any other system of courts in this country. You cannot suspect the entire judiciary of a state’’, Rohtagi said contending that the question could not be raised under Article 32 of the Constitution.

He contended that the cases were closed by the Judicial Magistrates who had accepted the closure report filed by police and that the state could not be blamed for it. For further relief, the parties should approach the proper forum, which was the Magistrate’s court or the Gujarat High Court, he said.

However, Salve while referring to the cases in the PIL said they needed to be decided by the apex court because trial in them had been stayed for over two years now.

'CBI unwilling... er willing to probe'

AS hearing began on the NHRC plea for transferring the 10 post-Godhra riots cases out of Gujarat, Solicitor-General G.E. Vahanvati told the Bench that he had spoken to CBI Director Vijay Shanker who was personally against taking up investigation of these cases for various reasons, including logistics and shortage of staff. He, however, added that the agency would abide by the court's order on this point.

Half-an-hour later, the S-G again stood up, swallowed his earlier words, and said both the Centre and CBI were prepared to assist the court in the matter.