A bench of Chief Justice H L Dattu and Justices Madan B Lokur and M Y Eqbal stayed the HC proceedings after riot victims and the SC-appointed special investigation team (SIT) alleged that undue haste was shown in giving out of turn hearing to Kodnani's appeal.
The victims and the SIT also apprehended that fairness in the hearing could suffer as the presiding judge on the HC bench - Justice R R Tripathi - was due to retire on May 6.
The SIT, through senior advocate Harish Salve, who is also the amicus curiae in post-Godhra riot cases, presented two status reports on the Naroda Patiya appeal hearing in the HC and said there were other appeals on the same incident which were left out by the HC.
Appearing for the victims, senior advocate Kapil Sibal said there were 11 appeals against the trial court verdict in Naroda Patiya case and these should be heard together.
"The high court judge should know that one of the charges against Kodnani is conspiracy. Other accused in the case is her personal assistant at the time of incident. If both the appeals are not taken together, then how can the HC scrutinize the conspiracy charge?" the bench asked.
"We will stay proceedings on the appeals for two months and see thereafter," the bench said, indicating that it would await Justice Tripathi's retirement.
The trial court on August 29, 2012 convicted 32 persons, including Kodnani, and acquitted 30. Kodnani, who was sentenced to life imprisonment, and the other accused filed appeals against the conviction. The SIT and riot victims' kin too filed appeals challenging the acquittal and seeking enhancement of the sentence in certain cases.
http://ift.tt/1ac7ZUz Patiya massacre case,Maya Kodnani,Chief Justice H L Dattu
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