Gujarat Riots- 'We Did Our Job, Somebody Might Agree With The Conclusion, Somebody Might Not Agree':Mukul Rohatgi For SIT Tells Supreme Court

The Supreme Court on Wednesday heard the arguments of Senior Advocate, Mr. Mukul Rohatgi, appearing on behalf of the SIT in the petition by Zakia Jafri challenging the SIT report exonerating the highest functionaries of the State of Gujarat, who were alleged to have been instrumental in the Gujarat riots of 2002. Over a course of seven days, a Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar had heard the detailed submissions of Senior Advocate Mr. Kapil Sibal, demonstrating the failure of the SIT in investigating the matter. Per contra, on Wednesday, Mr. Rohatgi, emphatically submitted that the SIT had conducted an impeccable investigation and in certain occasions went beyond their means to meet the ends of justice. The Special Investigation Team (SIT) was appointed by the Supreme Court in 2008, when displeased with the non-commitment of the state police to investigate the riots, the National Human Rights Commission had approached it seeking interference. On 8th July 2006, Zakia Jafri had filed a complaint against the state functionaries alleging conspiracy in the Gujarat riots. The complaint was not acted upon, and therefore Zakia approached the Gujarat High Court and on dismissal of her case, the Supreme Court. The Apex Court asked the SIT appointed in 2008 to also look into her complaint. Eventually, when the SIT had filed the closure report, it was opposed by Mrs. Jafri by way of a Protest Petition filed before the Supreme Court, which sent the closure report along with the Protest Petition to the Magistrate. After hearing the parties, the Magistrate refused to direct SIT to conduct further investigation stating that doing the same would go beyond the direction of the Apex Court. The High Court in a revision petition refused to interfere but observed that it was well within the Magistrate's power to direct further investigation in the matter. Before beginning his full fledged arguments, Mr. Rohatgi provided a background to the matter to demonstrate that the SIT had shown commitment to the investigation process. He commenced his arguments - "My endeavour to show to Your Lordship, Milord, that the SIT appointed by the Supreme Court, Milord, conducted its job very thoroughly and efficiently and examined all relevant people, all relevant material with due application of mind spread over Milord more than two years and submitted the final report in the Gulberg case...It had to be submitted in the Gulberg case. The copies and papers were given to the complainant who filed a Protest Petition. The Magistrate with due application of mind passed a detailed order running into hundreds of pages. The High Court had also devoted very substantial time and effort in writing the orders. All this is because this was the mandate of the highest court of the land to the SIT….There is no material to conclude that there is any other conspiracy other than the cases that are already being tried. In this background, I have made a short note that I want your lordships to see. It consists of the complaint, report and relevant orders passed in this case."Referring to his notes, which had a comprehensive List of Dates, Mr. Rohatgi narrated the relevant events that followed the Godhra carnage of 27th Feb, 2002: "On 27.02.2002, the Godhra train carnage took place at 7:45 AM, 58 ppl charred to death, 59 victims died after a month. The same day the assembly was in session, got adjourned and the CM went to Godhra. On the same day doctors were called to the Godhra station. Post Mortem was conducted considering the condition of the dead bodies because they were charred beyond recognition. Then a decision was taken to get the bodies to Ahmedabad to facilitate handing over of dead bodies. A meeting was called by the CM...the army was alerted on the same day...the bodies moved in police escort from Godhra to the outskirts of Ahmedabad at Solah Hospital. Other people were also part of the convoy including Jaydeep Patel of VHP. Letter was written by Mamtaldar...factually bodies were not handed over to anybody and went under police escort. So much about the parading of bodies, all this is in the report. The reaction of the train carnage occurred on 28.02.2002 at 11:30 AM. On 28.02.2002, 35 bodies were handed over to the kith and kin from the Solah Hospital. 28.02.2002 call was taken to call the arm...No delay in calling the army. On 28.02.2002 itself, segments of the army started arriving...01.03.2002 deployment got complete...army was airlifted from the border...Several thousand cases were filed across the State due to riot, arson and killing...Godhra is where carnage occurred...Then, Meghaninagar which is also called the Gulberg society. The Complainant lives in that society, her husband was killed in that society by a mob...It is also on record, but not so relevant, that the husband had also fired 8 shots into the mob. 2002-03 Writ...

Gujarat Riots- 'We Did Our Job, Somebody Might Agree With The Conclusion, Somebody Might Not Agree':Mukul Rohatgi For SIT Tells Supreme Court

Sohini Chowdhury

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