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SC nod to Zakia Jaffri to file new plea in Gulberg
massacre case
Friday February 08, 2013 09:10:06 AM,
IANS
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New Delhi: The Supreme
Court Thursday permitted a killed former Congress MP's widow to
file a fresh petition challenging the SIT's closure report on
Gulberg Society carnage during the 2002 riots.
The SIT (Special Investigation Team) had probed allegations of
inaction by Gujarat Chief Minister Narendra Modi and senior
officials during the carnage at the Gulberg Society in Ahmedabad
where former Congress MP Ehsan Jaffri was killed along with 68
others.
A bench of Justice P.Sathasivam, Justice Aftab Alam and Justice
Ranjana Prakash Desai directed that Zakia Nasim Jaffri be supplied
with the entire report of the court-appointed SIT so that she
could file her protest petition. Zakia is the widow of Ehsan
Jaffri.
"We clarify that the petitioner is entitled to entire inquiry
report placed in sealed envelope before this court on May 12,
2010," the court said in its order.
Permitting her to file a protest petition within two months of
receiving all the material, the court, however, said that she
would not be supplied with the comments of SIT chief and former
Central Bureau of Investigation (CBI) director R.K.Raghvan on the
closure report.
Allowing Zakia to file a fresh petition, the court also set aside
the July 16 and Nov 27, 2012, orders of the Ahmedabad magistrate's
court.
Zakia had moved the apex court contending that the magistrate's
court has not given her all the documents that the SIT had relied
upon while filing the closure of its investigation into her
complaint.
The apex court Jan 17 asked the Ahmedabad court not to pronounce
it orders on the closure report filed by the SIT into the
allegation of inaction.
Zakia had contended that the denial of all the documents by the
magistrate court that SIT had relied upon for filing its closure
report was contrary to the Sep 12, 2011, order of the apex court.
This order said that if the SIT believes there is no sufficient
evidence or reasonable grounds for proceeding against any person
named in Zakia's complaint, the court "shall issue notice to the
complainant and make available to her copies of the statements of
the witnesses, other related documents and the investigation
report strictly in accordance with law".
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