New Delhi: The Supreme Court on August 8 issued notice to Gujarat government, in a petition filed by National Human Rights Commission (NHRC) seeking fresh trial outside Gujarat in five riot cases, including the Best Bakery case in which 21 accused were acquitted by the trial court.

The Apex Court directed the Gujarat government to provide protection to the victims and family members involved in the riot cases mentioned by the NHRC.

The Court treated NHRC petition as a Public Interest Litigation (PIL) and said it will monitor the trial of the cases but said it cannot give any direction at present without looking into the nature of the appeal filed by the Gujarat government in the state High Court on August 7.

The Court asked the Gujarat government to furnish within four weeks the statement of witnesses given to police, the statement of witnesses before the trial court, memo of the grounds of appeal filed in the High Court and names of the lawyers appearing for the state government in the appeal case before the High Court.

The Court wanted to know from the Gujarat government as to what steps it had taken to extend protection to the victims and their family members and what action was taken against those who have allegedly extended threats to the witnesses.

It said, "The Gujarat government has brought to our notice that an appeal has been filed against the acquittal of the accused in the Best Bakery case." Under such circumstances, the Supreme Court said it cannot pass any effective order on the Special Leave Petition filed by the NHRC and hence treat it as a Public Interest Litigation.

The three-judge Bench headed by Chief Justice V N Khare, however, said Right to reasonable and fair trial has been recognised as part of Fundamental Right and hence "we will treat this petition as a PIL to improve the criminal justice delivery system in the country".

It asked the Union government to file a reply as to whether any scheme has been formulated on the recommendations of the Malimath Committee report on improving the justice delivery system.

The Committee had expressed serious reservation about low conviction rate in the country and suggested various measures regarding the elimination of possibility of witnesses turning hostile.

The Court asked the Gujarat government to file all relevant data sought by it within two weeks and posted the matter for further hearing after three weeks.

PTI