Supreme Court disposes of pleas seeking 'proper investigation' into 2002 Gujarat Riots
However, the top court noted that in one matter where a prayer for restoration of protection to Teesta Setalvad was sought, may perhaps require consideration.
A CJI UU Lalit led bench of the Supreme Court today disposed of over ten pleas seeking a proper investigation in the 2002 Gujarat Riots, including a plea filed by the National Human Rights Commission.
The bench also comprising Justices SR Bhat and JB Pardiwala disposed of the pleas noting that they had become infructuous.
Court noted that the prayer in the main plea was to transfer the investigation to the CBI, which was denied by the high court.
After considering these matters, the top court had set up a Special Investigation Team (SIT) which was entrusted with the task of investigating and prosecuting 9 major trials.
Senior Advocate Mukul Rohatgi, appearing for the SIT, today pointed out that in 8 of these 9 cases, the trial has been concluded by trial courts.
Hearing this, the court ordered that the one trial which is left, shall be completed in accordance with law and that the SIT may take appropriate steps for this.
Regarding the prayer for restoring protection for Teesta Setalvad, who had moved the court for proper investigation in the riots case, court said that she is at liberty to make appropriate prayer to the concerned authority and that if such an application is received, the authority will deal with it in accordance with the law.
It is to be noted that Setalvad was detained by Gujarat Anti-Terrorism Squad in Mumbai based on a complaint by police inspector DB Barad on charges of forgery, criminal conspiracy and other relevant Sections of Indian Penal Code.
On July 30, a Sessions Court in Ahmedabad rejected the bail applications of Setalvad after which she approached the top court. Last week, the court issued notice to Gujarat Government in this plea.
Apart from that, in June this year, the Supreme Court dismissed the plea by Zakia Jafri, Teesta Setalvad and others challenging the ‘clean chit’ given to then Chief Minister Narendra Modi by the Supreme Court appointed Special Investigation Team (SIT) in the 2002 Gujarat Riots.
On Teesta Setalvad, the supreme court took note of the strong objections that SIT and State of Gujarat had to implead Teesta Setalvad as a party in the litigation. The judgment copy of the top court stated that the respondents had argued that “Teesta been vindictively persecuting this lis for her ulterior design by exploiting the emotions and sentiments of Zakia”.
A bench of Justices Khanwilkar, Dinesh Maheshwari also observed that those proceedings have been pursued for the last 16 years to "keep the pot boiling, obviously, for ulterior design". It also highlighted that the appeal challenging the clean chit handed over to the current Prime Minister of India, Narendra Modi by the SIT was "devoid of merits".