Supreme Court dismisses Zakia Jafri's plea against SIT clean chit to Narendra Modi in Gujarat riots case

PTI

New Delhi, June 24

The Supreme Court on Friday upheld the Special Investigation Team's (SIT) clean chit to then Gujarat chief minister Narendra Modi and 63 others in the 2002 riots in the state and dismissed a plea by slain Congress leader Ehsan Jafri's wife Zakia Jafri.

A three-judge bench headed by Justice AM Khanwilkar upheld the magistrate's order rejecting Zakia Jafri's protest petition against the closure report filed by the SIT in 2012.

The bench, also comprising Justices Dinesh Maheshwari and CT Ravikumar, said her plea is devoid of merit. She had alleged a larger conspiracy in the 2002 Gujarat riots. 

Congress leader and former MP Ehsan Jafri was among the 68 people killed at Ahmedabad's Gulberg Society during violence on February 28, 2002, a day after the Godhra train-burning.

Zakia Jafri had challenged the SIT's clean chit to 64 people, including Modi, who was Gujarat chief minister in 2002.

Her petition had challenged the high court's October 5, 2017 order rejecting her plea against the SIT decision.

On December 9 last year, the apex court had reserved its verdict on the plea.

Except for Zakia Jafri's petition, nobody had “raised a finger” against it for the probe conducted in the 2002 Gujarat riots, the SIT had said during the hearing in the top court. 

Her counsel had earlier said her complaint of 2006 was that there was “a larger conspiracy where there was bureaucratic inaction, police complicity, hate speeches and unleashing of violence".

On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra, triggering the riots in the state.

On February 8, 2012, the SIT filed a closure report giving a clean chit to now Prime Minister Modi and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.

Zakia Jafri filed a petition in the apex court in 2018. The plea also maintained that after the SIT gave a clean chit in its closure report before a trial judge, Zakia Jafri had filed a protest petition which was dismissed by the magistrate without considering "substantiated merits".  

The high court in its October 2017 order had said the SIT probe was monitored by the Supreme Court.

However, it had partly allowed her petition as far as its demand for a further investigation was concerned, saying she can approach an appropriate forum, including the magistrate's court, a division bench of the high court, or the Supreme Court seeking further investigation.

Timeline

Feb 27, 2002: 59 kar-sevaks travelling in Sabarmati Express train, returning from Ayodhya, were allegedly attacked and coaches of the train were set on fire at Godhra railway station.

Feb 28: Mob attack inhabitants of Gulberg Society, Meghaninagar, killing 69 people, including the husband of appellant -- Zakia Ahsan Jafri -- who had unsuccessfully attempted to dissuade the mob.

Mar 6: Gujarat government appoints a Commission under Commission of Inquiry Act to probe the Godhra incident and the post-Godhra riots.

Oct 9, 2003: National Human Rights Commission files a writ petition before Supreme Court seeking fair investigation. SC appoints senior advocate Harish Salve as amicus curiae.

Jun 8, 2006: Zakia Jafri files complaint against Modi and others into the larger conspiracy behind the 2002 riots.

Mar 26, 2008: SC appoints a Special Investigation Team headed by former CBI director RK Raghavan.

May 1, 2009: Top court vacates stay of the trials and directs the prosecution of cases in special courts, and SIT appointed by it to submit progress report.

May 6, 2010: SC directs that trial court shall not pronounce the final judgment till further orders by it. Gulberg Society case put on hold after resignation by the special public prosecutor appearing in that case.

Sept 11, 2011: SC directs Chairman, SIT, to forward a final report, along with the entire material collected, to the court which had taken cognisance of the crime.

Feb 8, 2012: SIT files closure report giving a clean chit to Modi and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.

Apr 15, 2013: Zakia Jafri files a protest petition in a local court seeking rejection of the SIT report giving a clean chit to Modi and others in the Gulberg Society riot case.

Dec 26: Protest petition rejected by the Metropolitan Magistrate and the final report of the SIT is accepted.

Oct 5, 2017: This decision was carried before the High Court which rejects Zakia's plea against the SIT decision.

Sept 12, 2018: Zakia moves SC challenging the Gujarat High Court's order rejecting her plea against the decision of the SIT.

Oct 26, 2021: SC begins hearing Zakia's plea on regular basis.

Dec 9: SC reserves judgment on the plea filed by Zakia.

Jun 24, 2022: SC dismisses Zakia's plea and upholds SIT clean chit to Modi and others.