NEW DELHI: The Supreme Court on Monday dismissed three petitions seeking the transfer of suits filed against Gujarat Chief Minister Narendra Modi and the State Government, claiming damages of over Rs. 22 crore for the loss sustained in the Godhra riots.

A Bench of Justice K.G. Balakrishnan and Justice D.K. Jain "dismissed as withdrawn" the petitions filed by Imran Mohammad Salim Dawood, a British national, and two others seeking the transfer of three suits pending in Gujarat to a competent court in Mumbai.

The Bench told senior counsel Indra Jaising, appearing for Mr. Dawood, that except for some vague allegations, there was nothing in the petition to justify the claim for damages to the tune of Rs. 4.36 crore. The Bench said the petitioner had merely stated that he sustained an injury in one such riot incident. Pointing out that the petitioner was a British national, the Bench said that even by U.K. standards, the damages claimed were very high for such an injury.

`Punitive damages'

Counsel said the damages claimed were not for the injury alone as they were punitive damages for the failure of the State and the Chief Minister to protect the lives of the citizens. The other two suits seeking damages of over Rs. 18 crore were filed by widows, who had lost their husbands in the riots.

The Bench said: "We cannot assume that you will not get justice in the State of Gujarat. If you have a case against the State, you can adduce evidence in the trial court."

Faith in district court

When the Bench indicated that it would dismiss the petitions, counsel pleaded that the suits be transferred from the trial court at Himmat Nagar to the Gujarat High Court. Rejecting the plea, the Bench said: "Tell us which question of law the district court cannot decide. We have the same confidence in the district court as we have in the High Court."

Grave issues

The petitioners said the suits raised grave and pertinent issues.

"The acts of the respondents in as much they continue with the policy of instilling fear and alienating the minority communities in the State of Gujarat coupled with the fact that Mr. Modi continues to be the Chief Minister of the State, with the whole law and order machinery at his command, create reasonable apprehension that the petitioner will not be able to get justice if trial is conducted in the State of Gujarat."

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