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Rohatgi alleged that the idea of keeping the present plea against clean chits to the then chief minister Narendra Modi, is to keep "the pot boiling" and that this was obviously with some sinister motive.

Senior Advocate Mukul Rohatgi appearing for the Special Investigation Team appointed by the Supreme Court in Gujarat riots 2002 issue told court that the present plea had been filed by a person (Teesta Setalvad) who had vested interests. 

"This is an attempt to keep the pot boiling and it is done by no one other than petitioner no. 2 (Setalvad)," Rohatgi said.

A bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar was hearing a plea moved by deceased Congress leader Ehsan Jafri's wife Zakia Jafri challenging the clean chit given to the- then Chief Minister of Gujarat, Narendra Modi in the 2002 Gujarat riots matter. 

Continuing his arguments on the 3rd day, Rohatgi while referring to the allegation of the build-up said, if there was a build-up then the Vishwa Hindu Parishad members must have been knowing that something will happen on the train.

"It is a preposterous kind of allegation," Rohatgi added.

In addition to this arguing over the allegation that the Fire brigade didn't respond on time, Rohatgi said, "the Fire brigade responding or not responding is not a concern of the SIT, there were road blocks, trees were felled, there is nothing of any substance."

Rohatgi further added that, "Whatever you may say, somebody might say the State's response was not up to the mark, obviously Milords! The state was run over by the mob."

Further, over the allegation that the Trial Court order was passed without the application of mind, Rohatgi submitted that, "I want to add that the Courts rejecting the arguments in proceedings justified in 100s of pages, can it be said that there is no application of mind."

Rohatgi also said that, "There may be a case of negligence, but there is no conspiracy, can you say army is also mixed up. There is some limit to saying something,"

Earlier, Rohatgi had submitted that to say the Sabarmati express train massacre of February 2002 was carried out by the state is a mind-boggling proposition. Rohatgi had also said that the SIT did its work thoroughly, examined all the people in the Gulbarga case, and submitted its report. There is no material to conclude that there was any Conspiracy.

Over the allegation that the real cause of fire was obliterated Rohatgi said that what do they want to argue after so many years. "Later they say that no no the burning was from inside, if that is so then the deaths was from shock," Rohatgi added. 

Rhatgi alleged that there is, "no credible material except fire in the air, everybody is complicit from the officers, Ministers to the fire brigade officers and only three people said the truth this Shree Kumar, Sharma and Bhat."

While referring to the Judgment of the Trial Court Rohatgi said, "The Court finds that the riots inspired from the place where Jafri fired and killed one person, there was no instance of violence except stone pelting. There was firing, the people were injured."

However, the Court said that,

"It is all together whether violence was because there was the firing or the firing was there because of the crowd." "We'll not base our analysis on the Trial Court or High Court observations," the Court added.

Rohatgi further added that,

"I'm showing the Judgment of the Trial Court to show that the Trial Court applied it's mind and then came to the conclusion."

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