The Supreme Court on Thursday stayed for two months the hearing by the Gujarat High Court of former state minister Maya Kodnani's appeal against her conviction and sentencing in the Naroda Patiya massacre during the 2002 Gujarat riots.
The bench of Chief Justice H.L. Dattu, Justice Madan B. Lokur and Justice M.Y. Eqbal stayed the proceedings based on a report by the Special Investigation Team (SIT) which had probed the post-Godhra riots cases.
The court order came after counsel Harish Salve, who is the amicus curiae in the Gujarat riots cases, apprised the bench of the SIT report and the Gujarat High Court segregating Kodnani's appeal from the rest of the accused who were also convicted for conspiracy in the massacre.
While Salve sought to draw the attention of the court to the hearing of Kodnani's appeal by separating it from others, Chief Justice Dattu queried how, in a conspiracy case, could the appeal of one accused be taken up to the exclusion of the other accused.
Additional Solicitor General Tushar Mehta sought to justify the high court hearing Kodnani's appeal after excluding others, saying that the apex court by its 2014 order had asked the high court to expedite the hearing of her appeal.
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"No, No. This was a case where bail was granted and the petitioners (victims) had come saying that you (the apex court) had refused to extend the interim bail (of Kodnani) though all medical certificates were produced before you.
"When you (apex court) did not extend interim bail, how could the high court grant regular bail on the basis of same medical reports?" Chief Justice Dattu said putting the record straight.
"It was then we had said that hearing in the appeals be expedited," Chief Justice Dattu told ASG Mehta, recalling the sequence of events.
Pointing out that there were five appeals by the SIT against acquittals and nine appeals against convictions by the accused, the court said: "One of the allegations is conspiracy. One of the accused is personal assistant (of Kodnani). His appeal is set aside and you go ahead with the hearing of Kodnani's appeal segregating it from others."
The apex court said it was staying the hearing of Kodnani's appeal by two months and brushed aside ASG Mehta, pointing out that the order of stay was being passed in the absence of respondent (Kodnani) who would be affected by it.
The court said it was passing an interim order.
Mehta's suggestion that "if some workable method could be found" too did not find favour with the court.
The apex court on February 24, 2014 had dismissed Kodnani's petition seeking extension of her interim bail on the grounds of falling health and alleged burn injuries.
The Gujarat High Court had on November 11, 2013 granted interim bail to Kodnani for three months for the treatment of intestine tuberculosis.
However, the high court had on February 6, 2014 declined the plea for extension of interim bail by another six months.
She had appealed to the apex court against the refusal of extension of interim bail by the high court. It was this appeal that was rejected by the apex court on February 24.
