Gujarat HC Upholds Clean Chit To PM Modi And Others In Gulberg Riots Case

The Logical Indian Crew Gujarat

October 5th, 2017 / 6:50 PM

Gulberg Riots

Courtesy: The Indian Express | Image Credit: India Today, Hindustan Times, Times of India

The Gujarat High Court upheld the closure report of the Special Investigation Team ( SIT) that had given a clean chit to Prime Minister Narendra Modi. It dismissed the allegation made by Zakia Jafri, the widow of slain former MP Ehsan Jafri, that the former Gujarat Chief Minister and others on allegations of a larger conspiracy in connection with the 2002 post-Godhra riots.

Her plea met partial success as Justice Sonia Gokani agreed that further investigation could still be ordered into the case, contrary to the finding of the trial court.


Background

The SIT’s closure report, filed on 8 February 2012, served a clean chit to PM Modi and others in connection with the Godhra riots. In December 2013, the metropolitan magistrate’s court rejected Jafri’s petition against the report, after which she moved the high court in 2014.

Jafri and the activist Teesta Setalvad’s NGO Citizen for Justice and Peace had challenged the magistrate court’s order that upheld the special investigation team’s clean chit to the then chief minister of Gujarat and others in connection with the 2002 post-Godhra riots.

The hearing of the petition before Justice Sonia Gokani concluded on 3 July.

The petition had demanded that PM Modi and 59 others, including senior police officers and bureaucrats, be made accused of allegedly being a part of the conspiracy that fanned the riots.

It had also sought the high court’s direction for a fresh investigation into the matter.


Arguments and counter-arguments

The SIT submitted before the High Court that the investigation was carried out under the supervision of the apex court and that it was widely accepted by all. It claimed that the lower court looked into all aspects of allegations to conclude that there was no further need to investigate the matter from the angle of “larger conspiracy”.

Zakia Jafri’s lawyer, Mihir Desai has, however, pointed out a different side to the entire issue. He argued in the HC that the magistrate while accepting the SIT’s closure report, did not even consider other options such as rejecting the report or ordering a fresh probe.

The lower court ignored the Supreme Court guidelines and did not consider signed statements of witnesses which suggested that there was a conspiracy, he argued.

Submissions of key witnesses such as (former IPS officers) Sanjiv Bhatt, RB Sreekumar and Rahul Sharma and the findings of Tehelka magazine’s sting operation have also been ignored, Desai added.

Desai alleged that the riots which could have been prevented were only encouraged by certain ministers, police officers and bureaucrats.


The Gulberg riots

Ehsan Jafri, a Congress leader, was among 68 people who were killed at the Gulberg Society when a mob attacked it on 28 February 2002, a day after the Godhra train burning incident which set off riots in the state.

Mobs went haywire killing Muslims and burning down their homes in 2002 in retaliation. PM Modi and his top officers were at the time accused of being complicit in the violence, a charge that was rejected by a Supreme Court-monitored special investigation team.


The Logical Indian urges the authorities to look into the matter and ensure a proper investigation into the matter. Keeping in mind the several arguments by the petitioner’s lawyer, it is essential that no biased judgement is meted out.

In a country like India where communal harmony is essential to its secular and democratic fabric and which breaks into disruption at the slightest instigations, judgements like these particular bear weight. It is essential that rulings in these cases work as precedents that would reinstate our belief in the judiciary.

 


Contributors

Written by :

Edited by :

Share your thoughts..

Related Stories

Muzzaffarnagar DM SSP Denies Withdrawal of Riot Cases

District Administration Rejects Yogi Government’s Plea To Withdraw 133 Cases On Muzaffarnagar Riots

Gujarat HC Acquits Maya Kodnani From Naroda Patiya Case, Worst Massacre Of 2002 Gujarat Riots

Maharashtra: CBI Probe Turns Attempted Murder To Suicide; Asked To Pay Rs 15 L Compensation

Allahabad HC Rejects Plea for CBI Probe into UP CM Adityanath’s Role in 2007 Gorakhpur Riots

Citing Justice Loya Death, CBI To Oppose PIL Against Amit Shah’s Discharge In Sohrabuddin Encounter Case

CJAR

Medical Colleges Admission Scam: CJAR To Challenge SC Order On No Investigation Of Sitting Judges In India

Latest on The Logical Indian

World Affairs

Kofi Annan, Former UN Secretary General And Nobel Laureate Passes Away At 80

Get Inspired

Kerala Floods: Journalist Cancels Daughter’s Engagement, Donates Money To CM Relief Fund

News

Former Cricketer Imran Khan Becomes PM of Pakistan, Takes Oath Today

Get Inspired

Kerala Flood Heroes: Indian Navy Captain P Rajkumar Rescues 26 People, Commander Vijay Airlifts A Pregnant Woman To Hospital

News

New GDP Data Shows India Attained More Than 10% Growth Twice During Dr Manmohan Singh’s Tenure

News

Major Aditya Kumar, Rifleman Aurangzeb Honoured With Shaurya Chakra On Independence Day

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.