2002 Gujarat riots: Did not attempt to implicate ex-chief minister Narendra Modi, Zakia Jafri tells SC

Zakia Jafri, who has alleged bigger conspiracy within the 2002 Gujarat riots, instructed the Supreme Court docket on Wednesday that she had not tried to “implicate” the then state chief minister at any stage and he or she has not argued on this even now. Zakia Jafri, the spouse of slain Congress chief Ehsan Jafri who was killed throughout the violence at Gulberg Society in Ahmedabad on February 28, 2002, has challenged the SIT’s clear chit to 64 individuals together with Narendra Modi who was the Gujarat chief minister throughout the riots within the state.

Senior advocate Kapil Sibal, showing for Zakia Jafri, instructed a three-judge bench headed by Justice A M Khanwilkar that they haven’t argued in any respect about any alleged involvement of the previous chief minister and they’re on the problem of bigger conspiracy which was not probed by the Particular Investigation Group (SIT).

The bench, additionally comprising Justices Dinesh Maheshwari and C T Ravikumar, noticed that allegation relating to involvement of these on the highest degree was investigated by the SIT and supplies had been collected on the premise of which the investigating officer fashioned an opinion and filed a report earlier than the involved court docket.

“With regard to that assertion within the tape, the SIT has identified contemporaneous official report how the state reacted, how the state moved into motion and the way steps had been taken. Now, that belies that model and that’s the opinion by the investigating officer. That is the way in which of it. The allegation is, it was coming from the highest, which allegation is unsubstantiated,” the bench stated.

The highest court docket additionally noticed {that a} cost sheet can’t be filed in opposition to any particular person with out there being any substantial proof.

“I’ve nothing extra so far as the ex-chief minister is worried. I do not wish to argue it and I’ve by no means argued it. Let’s be clear on it,” Sibal instructed the bench, including, “At no stage did I attempt to implicate the ex-chief minister nor did I argue it. I’m not arguing it even now.”

The senior advocate additionally learn out a press release of the petitioner relating to the allegation of bigger conspiracy and stated he would place it on report on Thursday.

Studying out the assertion, he stated the petitioner has made her submissions primarily based on “undisputed proof” within the type of tapes of a sting operation and the official communications of the general public functionaries.

“The petitioner has not sought to allege any wrongdoing, prison or in any other case, with regards to details which might be disputed,” he stated.

Sibal stated the undisputed proof on report factors in the direction of a bigger conspiracy which was not investigated by the SIT.

He stated the petitioner isn’t involved with what had occurred within the assembly of February 27, 2002, the day when Godhra prepare incident had occurred.

He stated bigger conspiracy can’t be established within the absence of investigation.

Zakia Jafri’s counsel had earlier argued that her grievance of 2006 was that there was “a bigger conspiracy the place there was bureaucratic inaction, police complicity, hate speeches and unleashing of violence”.

Ehsan Jafri, the previous MP, was among the many 68 individuals killed within the violence, a day after the Godhra prepare incident.

The S-6 coach of Sabarmati Categorical was burnt at Godhra killing 59 individuals and triggering riots in Gujarat in 2002.

On February 8, 2012, the SIT had filed a closure report giving a clear chit to Modi, now the Prime Minister, and 63 others together with senior authorities officers, saying there was “no prosecutable proof” in opposition to them.

Zakia Jafri had filed a petition within the apex court docket in 2018 difficult the Gujarat Excessive Court docket’s October 5, 2017 order rejecting her plea in opposition to the SIT choice.

The plea additionally maintained that after the SIT gave a clear chit in its closure report earlier than a trial decide, Zakia Jafri filed a protest petition which was dismissed by the Justice of the Peace with out contemplating “substantiated deserves”.

The excessive court docket in its October 2017 order had stated the SIT probe was monitored by the Supreme Court docket.

Nevertheless, it partly allowed her petition so far as its demand for an extra investigation was involved saying she will method an applicable discussion board, together with the Justice of the Peace’s court docket, a division bench of the excessive court docket, or the Supreme Court docket in search of additional investigation.

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