Gujarat Riots : Summary Of Supreme Court Judgment Dismissing Zakia Jafri's Plea To Probe "Larger Conspiracy"

The Supreme Court on Friday dismissed a petition filed by Zakia Ehsan Jafri challenging the closure report filed by SIT discarding the allegations of larger conspiracy by high state functionaries including the then Gujarat Chief Minister Narendra Modi and 63 others in the Gujarat riots of 2002 that ensued the Godhra train massacre.A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar had heard the submissions made by Senior Advocate, Mr. Kapil Sibal, appearing on behalf of Zakia (appellant) and Senior Advocate, Mr. Mukul Rohatgi, appearing on behalf of SIT over a span of about fourteen days. The sheet anchor of Mr. Sibal's argument was that the SIT did not conduct investigation in the crucial aspects, which are essential to establish the allegation of larger conspiracy at the highest level. Per contra, Mr. Rohatgi had vehemently defended the SIT, which he believed had often exceeded its remit in the pursuit of justice. Factual Background During the 2002 Gujarat riots, Congress MP, Ehsan Jafri, Zakia's husband was brutally slain in the Gulberg Society massacre, a day after the Sabarmati express was torched in Godhra. On 08.06.2006, she had filed a complaint against top officials, bureaucrats and some ministers, including the then Chief Minister of Gujarat, Narendra Modi, alleging inaction, complicity and conspiracy. As the State police did not take any action, Zakia was constrained to approach the Gujarat High Court seeking the complaint to be treated as an FIR. While dismissing the petition, the High Court had asked her to file an appropriate private complaint and invoke Section 190 CrPC read with Section 200. The dismissal by the High Court was challenged before the Apex Court. At that point in time the writ petition filed by the National Human Rights Commission (NHRC) critical of the law and order situation in Gujarat was before the Supreme Court. By order dated 26.03.2008, the Court constituted a Special Investigation Team (SIT) to investigate 9 cases of the 2002 riots. When Zakia's appeal came up for hearing, on 27.04.2009, taking into consideration her concerns, the Supreme Court directed the SIT to 'look into the matter and take steps as required in law and give its report within three months'. Eventually, SIT examined 145 witnesses in connection with the complaint dated 8th June, 2006. On 19.01.2010, the SIT sought further time to complete the investigation with respect to Zakia's complaint. The trial concerning Gulberg society was proceeding contemporaneously. By its order dated 05.05.2011, the Court had permitted the Amicus Curiae to examine the report filed by the SIT on the further investigation in Zakia's complaint. After interacting with all concerned and scrutinising SIT's report, the Amicus Curiae submitted his report on 25.07.2011. Considering the issues mentioned in the said report, the SIT submitted its further report after investigation, on 25.07.2011, which was placed before the Apex Court. By order dated 12.09.201, Chairman, SIT was directed to forward the final report along with the entire material collected by it to the trial court, which had taken cognisance of the Gulberg society matter. Accordingly, on 08.02.2012, the SIT had presented the final report before the concerned Metropolitan Magistrate (MM). In the final report the SIT had culled out 30 allegations and addressed them. The report reflects that though the Amicus Curiae had agreed with most of the recommendations, he was of the view that prima facie offences u/s 153A(1)(a)&(b), 153B(1)(c), 166 and 505(2) IPC were made out against the then Chief Minister of Gujarat. Subsequently, Zakia had filed a protest petition before the concerned MM on 15.04.2013. By a speaking order dated 26.12.2013, the protest was rejected and the final (closure) report filed by the SIT was accepted. Decision of the Supreme Court Delay Ignored/Condoned Though there was a delay of 216 days in filing the Special Leave Petition, and the reasons provided for such delay was 'blissfully vague and bereft of any material facts and particulars', considering the gravity of the subject-matter, the Court had ignored/condoned the delay. Objection regarding locus of Teesta Setalvad open to be decided in appropriate case The respondents had vehemently disputed the locus standi of Teesta Setalvad in challenging the impugned order as petitioner No. 2 in the present SLP, arguing that her involvement is motivated by the oblique intention to malign the State of Gujarat. It was submitted that in a previous proceeding before the Gujarat High Court, the Court had ruled against her joining in as a party, which being not reversed by the Supreme Court had already become final. She was also accused of vindictively persecuting this lis for her ulterior design by exploiting the emotions and sentiments of Zakia. The Court kept the objection of the respondents open in this regard, but decided to examine the merit of the matter at the instance of ...

Gujarat Riots : Summary Of Supreme Court Judgment Dismissing Zakia Jafri's Plea To Probe "Larger Conspiracy"

Sohini Chowdhury

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