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SC
wants Zakia to be given Gujarat riots probe documents
Monday December 03, 2012 09:49:39 PM,
IANS
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New Delhi: The Supreme
Court Monday asked a team that probed a Gujarat riots case if it
had supplied all the documents it relied upon while filing the
closure report, to a victim's widow Zakia Nasim Jaffri.
Zakia in her petition gave a list of statements by 25 people who
were examined by the special investigation team (SIT) and several
annexures. She contended that the SIT relied upon these statements
while filing the closure report but copies of these were not given
to her.
She alleged deliberate inaction on part of the Gujarat Chief
Minister Narender Modi, his cabinet colleagues and some
high-ranking state officials in preventing the Gulberg Society
carnage in Ahmedabad.
In the 2002 incident, 69 people, including the Zakia's husband and
former Congress MP Ehsan Jafri, were killed. The rampaging mob
targeted members of Muslim community in the neighbourhood and set
it afire.
The apex court bench of Justice D.K. Jain and Justice Madan B.
Lokur query was directed at former Central Bureau of Investigation
(CBI) director R.K. Raghavan who headed a special investigation
team (SIT) which investigated the case.
The court's poser was based on Zakia's plea that all the documents
that the SIT had relied upon while coming to the conclusion that
there was no alleged deliberate inaction on the part Modi or
officials were not given to her.
Justice Jain said: "Documents which form part of the closure
report have to be given without which they (Zakia Jaffri) can't
file protest petition."
"We want to sort out the issue so that justice is given to
everyone. Be it complainant or alleged accused," said Justice
Jain, impressing upon the SIT that no document it had relied upon
could be held back from Zakia.
The apex court Sep 12, 2011, said that in case the SIT decided to
file a closure report then the trial court in Ahmedabad would give
the copy of the closure report and all other documents that SIT
relied upon to Zakia.
While Raghavan and one of his colleagues told the court that all
documents that they had relied upon had been supplied to Zakia,
the court asked them to once again look into their records to
ascertain the contention of the widow.
The court said that if Zakia had not been given all the statements
and annexures which the SIT had relied upon before filing the
closure report then she would not be in a position to file her
protest petition.
Counsel Kamini Jaiswal, who appeared for Zakia, told the court
that "these are the documents which have been referred to in the
closure report but have not be given to us".
On April 27, 2009, the apex court had asked the SIT to look into
the complaint of Zakia allegedly blaming 63 people, including the
chief minister, for inaction.
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