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New Delhi:
The Supreme Court has asked the SIT that probed the post-Godhra
Gujarat riot cases to approach the Gujarat High Court with its
plea that the transfer of metropolitan magistrate B.J. Ganatra be
put on hold.
The Special Investigation Team (SIT) has sought that the transfer
be put off till the hearing in the protest petition by Zakia
Jaffri, challenging its closure report in Gulberg Society carnage,
was completed.
Zakia Jaffari, widow of former MP Ehsan Jaffri, who was killed in
the Gulberg Society carnage during the 2002 riots, had filed a
protest petition challenging the closure report by the SIT
following its probe into the alleged deliberate inaction on the
part of Gujarat Chief Minister Narendra Modi, his cabinet
colleagues and some high-ranking state officials in preventing the
carnage.
In the 2002 incident, 69 people, including the former Congress MP
Jafri, were killed. The rampaging mob targeted members of the
Muslim community in the Ahmedabad neighbourhood and set it afire.
It was alleged that all the frantic calls for help went
unanswered.
R.K. Raghavan, retired CBI director who was heading the SIT team,
in his May 7, 2013, letter seeking that the transfer of Ganatra be
stayed, told the court that the Metropolitan Magistrate had
already commenced hearing arguments in the said protest petition
which continued for a number of days, since the record is
voluminous.
The letter by the SIT chairman pointed out that when substantial
hearing of the protest plea by Zaika Jaffri was over, on May 2,
2013, Ganatara was transferred in the general reshuffle of
judicial officers in Gujarat.
Considering the letter written by Raghavan, the apex court bench
of Justice P. Sathasivam, Justice Ranjana Prakash Desai and
Justice M.Y. Eqbal in their chamber hearing Friday said, "In view
of the said circumstance, we are of the opinion that it is
desirable to continue with the same presiding officer to dispose
of the protest petition."
"Accordingly", the judges said, "we feel that it would be proper
and expedient if this request is made by the chairman, SIT, before
the Chief Justice of the Gujarat High Court on the administrative
side."
Having said this, the court said, "We are confident that having
regard to the situation, the learned chief justice will pass
appropriate orders on the request of the chairman, SIT."
The SIT in its report to the apex court had given a clean chit to
Chief Minister Narendra Modi and others for their alleged inaction
in preventing the carnage.
The hearing of the protest petition by Zakia Jaffari is in
pursuance to the Sep 12, 2012, apex court order which had said
that the trial court, before deciding on the complaint by Zakia
Jaffri, will issue her a notice and afford her an opportunity to
be heard.
The apex court, by the order, had also said that if for any
reasons the SIT recommends the closure of a case against any
person named by Zakia Jaffri, the trial court would do so after
issuing notice to her and giving her an opportunity of raising
objections and being heard.
"However, at this juncture, we deem it necessary to emphasise that
if for any stated reason the SIT opines in its report, to be
submitted in terms of this order, that there is no sufficient
evidence or reasonable grounds for proceeding against any person
named in the complaint, dated 8th June 2006, before taking a final
decision on such "closure" report, the (trial) court shall issue
notice to the complainant (Zakia Jaffri) and make available to her
copies of the statements of the witnesses, other related documents
and the investigation report strictly in accordance with law as
enunciated by this court", the court had said in its Sep 12, 2012
order.
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