'No More Adjournments': Supreme Court To Hear On Oct 26 Zakia Jafri's Plea Against Clean Chit To Narendra Modi In Gujarat Riots

The Supreme Court on Tuesday adjourned to 26th October Zakia Ahsan Jafri's plea challenging the SIT report giving clean chit to the then Gujarat Chief Minister Narendra Modi and other high functionaries in the Gujarat riots of 2002.

A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar granted the adjournment based on a request made on behalf of the petitioner.

While granting liberty to the petitioner to file a convenience compilation, the Bench has clarified that no adjournment requests will be entertained on future dates.

During the hearing, Senior Advocate Kapil Sibal, appearing for the petitioner, submitted that he was yet to file a convenience compilation since the matter has come up suddenly.

"I am personally embarrassed. Quite frankly, there are 23,000 pages of record, we were to get some convenience compilation. It has come up suddenly."

"It was notified earlier." the Bench said.

"It has been adjourned since April. Please give me a fixed date." Mr Sibal said.

Solicitor General Tushar Mehta submitted that the same ground is being raised for one and a half year.

"SG was considerate in saying 1.5 years. Matter has been pending since 2018." the Bench said.

Zakia Jarfi, widow of Congress MLA Ehsan Jafri who was killed in the Gulberg Housing Society massacre during the 2002 Gujarat Riots, has approached the Supreme Court through a special leave petition challenging the SIT report which ruled out any "larger conspiracy" by high state functionaries in instigating the communal riots following the Godhra massacre.

Zakia has challenged the Gujarat High Court's October 5, 2017 order rejecting her plea against the SIT's decision.

On Feb 8, 2012, the SIT filed a closure report, giving a clean chit to Modi and 63 others, saying there was "no prosecutable evidence" against them. The Magistrate accepted the closure report. This was challenged by Zakia in revision filed before the Gujarat High Court.

In October 2017, a bench of Justice Sonia Gokani refused to interfere with the Magistrate's order, observing that "extensive investigation" has taken place into the matter under the monitoring of the Supreme Court.

"...in every incident of riot that had taken place in the aftermath of Godhra incident, extensive investigation had taken place in each of them and more particularly, in nine vital matters , under the direct guidance and gaze of the Honourable the Apex Court and therefore, if the Court does not find this operation and its evidence as the part of larger conspiracy, no error much less a significant error of law can be linked with such findings", the High Court said in its order.

However, giving limited relief to Zakia, the High Court said that she will be at liberty to seek further investigation based on any fresh materials.

Case Title: Zakia Ahsan Jafri vs State of Gujarat 

Click Here To Read/ Download Order