On Monday, the Supreme Court has adjourned till three weeks of next year’s January, the hearing of a plea by Zakia Jafri over a case, which challenges a clean chit to PM Modi during the Gujarat Riots in 2002. Mrs. Jafri is the widow of Ehsan Jafri, MP and a former Congress leader, who was murdered during 2002 Godhra Riots.
She had challenged the decision to cancel her plea in 2017 Gujarat High Court. The court had put aside the plea challenges the clean chit given to PM Modi.
A senior advocate Mukul Rohatgi had appeared on behalf of the STI (Special Investigating Team), which had given the clean chit, earlier had said that Mrs. Jafri’s plea was not maintainable and has argued against Social activist Teesta Setalvad, who is the second petitioner in the case, reports source.
On the other hand, Mr. Jafri’s counsel said that the plea pertained to an accused “larger conspiracy” during the period between February 27, 2002, and May 2002. Her counsel continued that when the case was before the trial judge, a protest lodged by the petitioner was set aside without considering “substantiated merits”.
On February 8, 2012, the SIT filed its closure reports, which cited that “no prosecutable evidence” against the Prime Minister and 63 others, and handed all 64, including PM Modi, a clean chit.
Her plea in the Supreme Court says that the Gujarat High Court had “failed to appreciate” the complaint of the petitioner’s sought an interim order to the SIT for carrying out a further probe.
In her plea filed through advocate Aparna Bhat, Ms. Jafri said that “The present Special Leave Petition is filed before this Court against the final judgment and order dated October 5, 2017, passed by the High Court of Gujarat…which erroneously upheld the order of the magistrate accepting the closure report filed by the Special Investigative Agency appointed by this Court concerning the violence in Gujarat in 2002.”
A justice-bench comprises of Justice AM Khanwilkar and Hemant Gupta has adjourned that plea of her till the January 2019.