By TwoCircles.net Staff Correspondent,
Ahmedabad: Chief Minister Narendra Modi seems to be in a fresh trouble with the Gujarat High Court on Friday dismissing a petition challenging the Special Investigation Team (SIT) probing the roles of Modi and 62 others, including Modi’s former cabinet colleagues as also senior IPS and IAS officials in the 2002 anti-Muslim pogrom in the state.
SIT was assigned the task by the Supreme Court on a petition by Zakia Jafri, widow of ex-Congress MP Ehsan Jafri who was killed in Gulberg Society during the riots.
However, BJP MLA Kalubhai Malivad, challenged SIT investigation. He argued that the SC had only asked SIT to “look into” and not to probe or investigate on Zakia’s complaint.
He had pleaded that investigations under provisions of CrPC could be done only after registering an FIR.
But Justice D H Waghela, rejected Malivad’s petition, saying that SIT was working under apex court’s supervision and Malivad’s contentions were vague. He made it clear that SIT can continue to investigate.
So, Friday’s order of Gujarat High Court means that SIT has powers to investigate against anybody, including Modi.
Malivad himself is named as an accused in Zakia’s petition. Malivad is accused of killing over 38 persons in Panchmahal’s district.
Sources in BJP said that Malivad was prompted by top BJP leaders to move the court to scuttle the investigations against Modi. Modi, who is largely held responsible by Muslims and human rights groups for conspiring anti-Muslim riots in 2002, has so far escaped interrogation by any agency.
It was in June 2006 that Zakia had approached the then DGP A K Bhargava, seeking registration of FIR against 63 persons, including Modi, under section 154 of CrPC. But her request was not granted.
Subsequently, she filed a petition in the Gujarat High Court on May 1, 2007, along with Mumbai-based Teesta Setalvad of Citizens for Justice and Peace, seeking directions to the police to register FIR against Modi and 62 others.
But the high court rejected the complaint, asking the petitioners to approach a magisterial court.
Zakia and Setalvad then approached the apex court which in March this year asked the SIT to probe the alleged involvement of Modi and 62 others in the riots.
In her petition, Zakia did not confine herself to the Gulberg Society where her husband Ehsan Jafri was killed.
She alleged that the riots were an “overarching conspiracy” of Narendra Modi and his associates against Muslims.
Holding Modi as the “chief architect of the criminal conspiracy resulting into mass killing’’, Zakia raised several important questions in her petition including the delaly in deployment of the Army in affected areas and the state government not taking preventive actions when the bandh call was given by Vishwa Hindu Parishad after the Godhra train carnage.
Welcoming the High Court judgement, activist Dr. Hanif Lakdawala said: “Modi now can’t escape the long arms of the law.”
He said that it was because of SIT investigation that former minister Maya Kodnani involved in Naroda Gam and Naroda Patia mass massacre cases was arrested and jailed.
“I hope that Modi will also be subjected to custodial interrogation”, said human rights activist Yusuf Sheikh.