By TwoCircles.net staff reproter
Mrs. Zakia Jafri, widow of Ahsan Jafri who was brutally murdered in the riots of Gujarat in 2002, have filed a Special Leave Petition against an order of the Gujarat High Court which refused to direct the police to file FIR against Narendra Modi.
On June 8th, 2006, Mrs. Jafri sent a complaint to the DGP of Gujarat along with 2,000 pages of materials to be treated as evidence but state police did not file any FIR. She along with Citizens for Justice and Peace organization she filed a writ petition in the Gujarat High Court on March 1st, 2007 to order police to register FIR against Mr. Modi and 62 others for conspiracy, mass murder and failure of governance during 2002. They also alleged that subversion of the rule of law has continued since.
In September 2007, Justice MR Shah dismissed the petition stating that it was not a fit case for the court to order registration of FIR or to get the case transferred to the CBI. Transcripts of Tehelka’s sting was also submitted to the court.
In the SLP filed before the Supreme Court, the petitioners have made out a case for intervention by the Court for directions to register an FIR since mass violence spread across 20 of the State’s 25 districts committed after a sinister conspiracy of the State’s Executive was plotted and on grounds that the conspiracy extends until today to the processes of subversion of the justice process, throttling of investigation, manipulation of evidence and intimidation (and influencing) of witnesses continues. As evidence, in annexures the petitioners have placed on records the affidavits filed by senior officers of the Modi administration as also internal IB and other records contained therein.
This is the first time that a case involving mass communal violence seeks judicial acknowledgement of, and intervention in serial crimes committed by State Authorities.