Read Time: 07 minutes

Kapil Sibal told Supreme Court that he wanted an investigation into the "clean chit" given by the Special Investigation Team (SIT) report to the then CM of Gujarat, Narendra Modi, in cases related to the 2002 Gujarat Riots.

"Petitioner wants an investigation, not a conviction," he said.

The bench comprising AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was hearing arguments on behalf of Senior Advocate Kapil Sibal in a case filed by wife of late Congress MP Ehsan Jafri, challenging the “clean chit” given by the SIT to the then Chief Minister of Gujarat, Narendra Modi in cases related to the 2002 Gujarat Riots.

While setting the context, Senior Advocate appearing for the Zakia Ahsan Jafri submitted that the matter pertains to the riots at Gujarat in 2002, where several people were killed. Several transfer petitions were filed, however, this court was pleased to stay them, whereas, an SIT was constituted and Jafri filed a complaint before the DGP.

Sibal further submitted that there is evidence provided by the Intelligence Bureau in this regard. "This needs to be taken into account to ascertain if the offense has been committed," he added.

"The police were not considering this evidence and owing to a lot of misinformation, this court appointed an amicus," Sibal added.

Sibal argued, "the petitioner is concerned with the grievance that arises from Special Investigation Team’s (SIT) closure report. The SIT did not look at several facts presented to them in the closure report,"

However, the bench observed that "Your issue seems to be that the material which you wanted to rely on has not been considered by SIT."

Over the Court's inquiry upon the reasoning given by the Magistrate to ignore the evidence, Sibal said, "The Magistrate stated that he'll not look into anything else and will stick to the complaint filed by Zackia Jafri."

"His logic is simple, he is not concerned with any of this. Our case was that a larger conspiracy at place here. The Magistrate said because I have been asked to look only at Gulbarg society. The SLP, report of the amicus curiae etc do not confine themselves to Gulbarg," Sibal added.

Sibal vehemently argued that "The purpose of the SIT was that no person who is guilty will go unpunished. These were the materials investigated by the SIT. These were the materials where SC asked them to go to Magistrate. How can it be not considered."

However, due to the paucity of time, the bench will continue hearing the matter tommorow.

Earlier, the Court had adjourned the matter for hearing on October 26, 2021, stating that no further adjournment will be allowed.

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.