Gujarat Riots:HC Permits Zakia Jafri To Seek Further Investigation Regarding Larger Conspiracy Of State Administration [Read Judgment]

By partly allowing the revision petition filed by Zakia Jafri, the High Court granted her the liberty to make a prayer for further investigation regarding larger conspiracy angle in the Gulberg Society massacre case occurred during Gujarat riots of 2002. Zakia Jafri, the widow of Congress legislator Ehsan Jafri who was killed during mob attack in Gulbarga Housing Society during the riots, had filed the revision against the order dated 26.12.2013 of the Metropolitan Magistrate which had rejected her complaint alleging that the riots were orchestrated by conspiracy involving top politicians and officials, including the then Chief Minister Narendra Modi. While doing so, the Magitrate accepted the closure report filed by the Special Investigation Team(SIT) constituted by the Supreme Court, which had ruled out conspiracy angle in riots, exonerating the state administration.Zakia Jafri filed a complaint on 06.08.2006 before the Director General of Police alleging larger conspiracy behind the riots. When no FIR was registered on the complaint, she moved the Gujarat HC, which declined interference. She approached the Supreme Court. Earlier, the Supreme Court had constituted a Special Investigation Team for monitoring the investigation in riot related cases, as per directions in National Human Rights Commission v. State of Gujarat(2009) 6 SCC 767. The Supreme Court directed the SIT to look into the complaint of Zakia Jafri as well. Pursuant to the orders of the Supreme Court, the SIT looked into the complaint and conducted further investigation in the Gulbarga Society case under Section 173(8) Cr.P.C regarding the involvement of certain police officials and a then minister of State cabinet one GordHan Zadafia. As per directions in Zakia Nasem Ahesan v. State of Gujarat and others (2011) 12 SCC 302, the Supreme Court directed the SIT to file report before the court which had already taken cognizance of Gulbarga Society case. The Supreme Court had also clarified as follows:- However, at this juncture, we deem it necessary to emphasise that if for any stated reason the SIT opines in its report, to be submitted in terms of this order, that there is no sufficient evidence or reasonable grounds for proceeding against any person named in the complaint, dated 8th June 2006, before taking a final decision on such 'closure' report, the Court shall issue notice to the complainant and make available to her copies of the statements of the witnesses, other related documents and the investigation report. Conspiracy was sought to be established on following factors :- Meeting at the residence of the then Chief Minister on 27.02.2002, in which the then CM allegedly instructed the police officials to refrain from taking action against the rioting mob; Posting two Ministers at Police Control Room; Parading dead bodies of victims of Godhra carnage; Police abdicating their duties during violence; Subversion of law after violence; Hate speeches;Evidences sought to be relied upon for the said purpose are as under: (1) Statement of Mr. Sanjiv Bhatt, IPS;(2) Statement & diaries of Mr. R.B. Sreekumar, DGP, and that of Mr. Rahul Sharam;(3) The note of Amicus Curiae;(4) Hate speeches;(5) IB messages and phone records; and(6) Reports of constitutional authorities and other dignitaries; (7) Sting operation of Tahalka;The learned Metropolitan Magistrate while accepting the report of SIT stated three aspects: (i) that no Court has directed it to register the complaint and (ii) there being already one complaint in respect of incident registered with respect to Gulbarga Society, it cannot direct the same once again and (iii) it would have no jurisdiction to direct further investigation in view of the investigation / further investigation by SIT at the direction of the Apex Court.The Magistrate adverted to the materials on record and came to the conclusion that no case was made out to take cognizance on the complaint differing from the report of SIT.The High Court in revision agreed with the Magistrate in holding that there was no material to take cognizance for a fresh complaint of larger conspiracy. The statements of Ex-IPS official Sanjiv Bhatt that he the CM had issued directions in a meeting held on 27.02.2002 to go slow on rioters were held to be unworthy of credence, in the light of the judgment of the Supreme Court in Sanjiv Rajendra Bhatt v. Union of India (2016) 1 SCC 1, which had discredited his statements.Regarding the allegation of parading of dead bodies to incite violence, it was observed that the dead bodies were brought to Ahmedabad as many of them belonged to Ahmedabad and it was the nearest centre for the relatives to identify them. The contrary conclusion entered by the Justice Nanavati Commission in that regard was discarded stating that it cannot be treated as evidence in criminal proceedings. With respect to the allegations of hate speeches, the SIT report was as follows :-"On allegations of the communal riots being...

Gujarat Riots:HC Permits Zakia Jafri To Seek Further Investigation Regarding Larger Conspiracy Of State Administration [Read Judgment]

Manu Sebastian

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