Supreme Court Dismisses Zakia Jafri's Plea Against SIT Clean Chit To Narendra Modi In 2002 Gujarat Riots Larger Conspiracy Case

Over a course of fourteen days, a Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar heard the submissions of Senior Advocate Kapil Sibal appearing on behalf of the Petitioner, Senior Advocate Mr. Mukul Rohatgi appearing on behalf of SIT,  and Solicitor General of India Mr.Tushar Mehta for the State of Gujarat at great length.

The bench had reserved judgment on December 9, 2021.

Jafri, the widow of Congress MP Ehsan Jafri who got killed in the Gulberg Society massacre during the 2002 Gujarat riots, filed the special leave petition in the Supreme Court challenging the October 2017 judgment of the Gujarat High Court which accepted the closure report filed by the SIT regarding larger conpiracy allegations against the state administration. However, the High Court granted liberty to Jafri to seek further investigation.

The Supreme Court held that there is no material for further investigtaion as well and that the SIT's closure report should be accepted as it is, without anything more.

"The question of further investigation would have arisen only on the availability of new material/information in connection with the allegation of larger conspiracy at the highest level, which is not forthcoming in this case. Hence, the final report, as submitted by the SIT, ought to be accepted as it is, without doing anything more", it said.

Also Read : Gujarat Riots - Mere Failure Or Inaction Of State Administration No Basis To Infer Conspiracy : Supreme Court In Zakia Jafri's Plea

Also Read : Gujarat Riots : Summary Of Supreme Court Judgment Dismissing Zakia Jafri's Plea To Probe "Larger Conspiracy"

Summary of petitioner's argument before Supreme Court

The crux of Mr. Sibal's argument was that the SIT did not conduct investigation on the crucial aspects of the matter, which was essential to establish a larger conspiracy. He questioned the inadequacy in the investigation, inter alia, with respect to police inaction and complicity, presence of two Ministers, namely, Ashok Bhatt and Zadafia in the Ahmedabad city police control room, mobile phone data of police officials, VHP affiliated persons appointed as Public Prosecutors etc. Displeased, that the evidence collected and presented by the Petitioner from the official records have been left unconsidered by SIT in toto, Mr. Sibal submitted that 'no Investigator with a sense of Justice will discard these evidence'. It was especially pointed out by him that the Tehelka tapes that had succeeded in securing conviction in the Naroda Pateya trial, were strategically overlooked by the Investigating Agency. Mr. Sibal went a step ahead to argue that the manner in which the investigation was conducted by SIT, it appeared that they were trying to hide something. In conclusion, he had reckoned that "This is a case where the Majesty of Law has been deeply injured.'

SIT's arguments

Per contra, Mr. Rohatgi had argued that the SIT did its job, often exceeding the remit set out by the Supreme Court, in their pursuit of justice. He emphasised that Zakia's allegations largely pointed towards dereliction of duty and did not disclose any criminality. Moreover, he expressed his suspicion that at present the Petition is being driven not by Zakia, who is the aggrieved one, but by Petitioner No. 2 i.e. Teesta Setalvad who has ulterior motives in pursuing the same. On the plea of the Petitioner to direct further investigation, Mr. Rohatgi submitted that if it is allowed by the Supreme Court it would be in the teeth of the constitutional rights of the accused, who have already undergone trial and have been acquitted.

Solicitor General of India Tushar Mehta appearing for the State of Gujarat also made brief submissions on the alacrity of the State in handling the riots. He relied on an order of Gujarat High Court to dispute the bonafides of the Petitioner No. 2 in pursuing the present petition.

In his rejoinder argument apart from pointing out the inadequacies in the investigation, Mr. Sibal retorted to the diatribe against Teesta Setalvad - "If you stoke the fire, the pot will boil"

It was also pointed out by him that Mr. Rohatgi had extensively dealt with the allegations against the then Chief Minister, which he had not read while making his submissions. Emphasising on the dereliction on the part of SIT to consider the undisputed evidence in the form of Tehelka tapes, Mr. Sibal submitted -"In fact, the prosecution and SIT want this material to be effaced from the memory of this nation."

Case Title : Zakia Ahsan Jafri and another versus State of Gujarat and another | Diary No.34207/2018