Gujarat riots: Plea by Zakia Jafri to continue tomorrow

New Delhi: Supreme Court (SC) had heard a plea by Zakia Ahsan Jafri today, which challenged the SIT report giving clean chit to the then Gujarat Chief Minister Narendra Modi and other high functionaries in the Gujarat riots of 2002. the further matter will continue tomorrow.

A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar is hearing the matter. Senior Advocate Kapil Sibal arguing for the petitioner.

Zakia Jarfi, widow of Congress MLA Ehsan Jafri who was killed in the Gulberg Housing Society massacre during the 2002 Gujarat Riots, has approached the SC through a special leave petition challenging the SIT report which ruled out any “larger conspiracy” by high state functionaries in instigating the communal riots following the Godhra massacre.

The case had seen several adjournments spanning months. At one point in an earlier hearing, Justice Kahnwilkar had orally remarked, “We cannot keep adjourning this. We have to hear it someday…”

Ehsan Jafri, the former MP, was among the 68 people killed at Gulberg Society in Ahmedabad on February 28, 2002, a day after the S-6 Coach of the Sabarmati Express was burnt at Godhra killing 59 people and triggering riots in Gujarat.

On February 8, 2012, the SIT had filed a closure report, giving a clean chit to Mr. Modi and 63 others, including senior government officials, saying there was “no prosecutable evidence” against them.

Ms. Zakia Jafri had filed a petition in the apex court in 2018 challenging the Gujarat High Court’s October 5, 2017 order rejecting her plea against the decision of the SIT.

The plea also maintained that after the SIT gave a clean chit in its closure report before a trial judge, Ms. Zakia Jafri filed a protest petition which was dismissed by the magistrate without considering “substantiated merits”.

It also said the high court “failed to appreciate” the petitioner’s complaint which was independent of the Gunbarrel Society case registered at Meghaninagar Police Station.

The high court in its October 2017 order had said the SIT probe was monitored by the Supreme Court. However, it partly allowed Ms. Zakia Jafri’s petition as far as its demand for a further investigation was concerned.

It had said the petitioner can approach an appropriate forum, including the magistrate’s court, a division Bench of the high court, or the Supreme Court seeking further investigation.