The issue focused on the issue of who is responsible for the destruction of evidence from the case.

The Supreme Court ruled that the State was the party responsible because there was a direct connection between the destruction of evidence and a murder case. The decision was followed up by a petition by the state of Gujarat against the Supreme Court judgement on the issue which is now pending before the Delhi High Court. The State has contended that the order should be stayed by the Supreme Court.

The Gujarat HC also held that the