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A supreme court bench of Justices AM Khanwilkar, Dinesh Maheshwari and C.T. Ravi Kumar told Kapil Sibal, who was arguing for the petitioner, not to bring in ideology in a plea filed by Zakia Ashan Jafri challenging the clean chit given to PM Modi in the Gujarat riots case.

The bench further told Sibal that investigation conducted by the Special Investigation Team (SIT) had the court's mandate and further asked him not to generalise it.

Justice Khanwilkar, speaking of the SIT investigation, said,
 "If you have a point to make say they could have done something that they did not do, don't say they did not do anything."  

On the last date of hearing, it was argued that the purpose of SIT was that no person who was involved in the riots and that the Magistrate looked into evidence pertaining only to Gulbarg Society massacre and not other killings. It was further argued that if the evidence is investigated into, many more persons are likely to be implicated.

When the hearing commenced today, the court asked Sibal to take them through the documents from the year 2011 onwards and not go backwards. Agreeing to this Sibal argued that none of the evidence that he is presenting before the court were looked into by any authorities.  He further submitted that there is a larger conspiracy to be investigated in this case beyond Gulbarg society massacre and read out documents pertaining to individual accused, the bench asked him not to take them through documents pertaining to individual accused and focus on the closure report of SIT.

Sibal replied to this saying that none of what he is reading about has been dealt with in the report.

Sibal, while speaking of the investigation by the Magistrate, said "is this fashion of Investigation being done? Should the Magistrate not have ordered further investigation? Your Lordships are far too experienced for me to even make submissions on this." He further alleged that investigations have been reduced to a mere formality in every State. The Bench then asked him not generalise the investigation of SIT as it had been done on the court's orders. Sibal retorted to this by saying that in some cases the investigating agencies help the accused. The court informed him that it is only in such cases that the courts intervene and not to bring in ideology.

Mukul Rohatgi, Senior Advocate, appearing for the SIT said that it had done a thorough investigation and he will demonstrate it to the court. The bench at this point noted that Sibal wasn't reading allegations against the then Chief Minister of Gujarat, Narendra Modi, and that every allegation is directed at the CM. It further noted that if not for these allegations nothing remains in the case. Replying to this, Sibal said "I don’t want to be in position where I’m made to argue something I don’t want to. I am not interested in dealing with how individuals reacted but the manner in which state reacted."

Since the case requires continues hearings and since it was unlikely that the arguments of the parties will conclude before the Diwali vacations, the court found it fit to adjourn the matter to 10th November. 

Background:

Ehsan Jafri was killed on February 28, 2002, and was one among the 68 people killed at Gulberg Society Ahmedabad, which was immediately after the day on which Sabarmati Express was burnt at Godhra, thereby instigating Gujarat Riots 2002 and killing 59 people on board.

The SIT in its closure report gave a clean chit to the then Chief Minister Narendra Modi stating that no prosecutable evidence was found, along with 63 others including Government officers.

The plea has alleged that there is a larger conspiracy behind the incident.

On the earlier occasions, the Court had said that the matter needs to be heard at some stage it is being adjourned for very long at the behest of the petitioner.

Case Title: Zakia Ahsan Jafri and Anr. Vs. The State of Gujarat and Anr.