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Rubabbuddin Sheikh Vs. State of Gujarat & Ors. [2009] INSC 1431 (11 August 2009)

Judgment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Writ Petition (Crl.) No. 6 of 2007 Rubabbuddin Sheikh ...Petitioner Versus State of Gujarat & Ors. ...Respondents With Writ Petition (Crl.) No. 115 of 2007 Narmada Bai ...Petitioner Versus State of Gujarat & Ors. ...Respondents With Contempt Pet. (Crl.) No. 8 of 2007 in W.P.(Crl.) No. 6 of 2007 Rubabbuddin Sheikh ...Petitioner Versus Narendra Modi & Ors. ...Respondents

ORDER

1.     When the aforesaid matters came up for orders, a prayer was made by the heirs and legal representatives of the deceased Sohrabuddin namely, Zebunissa, the Mother of the deceased and Brothers namely (1) Rubabbuddin (2) Shahbuddin (3) Shahnawazuddin (4) Nayabuddin for grant of interim ex-gratia payment. After hearing the learned senior counsel for the parties, we thought it fit and 2 proper to award some ex-gratia payment to the heirs and legal representatives of the deceased Sohrabuddin purely as interim measure. Mr. Mukul Rohtagi, learned senior counsel appearing on behalf of the State of Gujarat, had taken some time to take instructions in the matter of payment of ex-gratia to the aforesaid heirs and legal representatives, for which, we adjourned the matters for today. When the matters were taken up, Mr. Rohtagi submitted that they are agreeable on an interim measure for payment of ex-gratia of Rs. 10 Lakhs to the heirs and legal representatives of the deceased, to which Mr. Dave, learned senior counsel for the heirs and legal representatives of the deceased, has no objection.

2.     That being the position, we direct the State of Gujarat to deposit a sum of Rs. 10 Lakhs with the Secretary General of this Court within two weeks from this date. After the amount is deposited, the Secretary General shall proportionately disburse the amount of Rs. 10 Lakhs to the heirs and legal representatives of the deceased on being satisfied about their respective identities.

3.     These matters shall be listed again on 2nd of September, 2009 at 2.00 P.M. for orders.

......................J. [Tarun Chatterjee]

......................J. [Aftab Alam]

New Delhi;

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