SIT probe against Modi: Petition seeking stay dismissed

The Gujarat High Court on Friday dismissed a petition challenging the probe by the special investigation team (SIT) against Gujarat Chief Minister Narendra Modi and 62 others during the 2002 riots. Justice D.H. Vaghela dismissed the petition filed by former BJP MLA Kalu Malivad (one of the 62) stating that no relief could be granted in the case as the SIT was directly working under the supervision of the Supreme Court. Mr. Malivad had filed a petition in the Gujarat High Court demanding a stay on investigations by Supreme Court-appointed SIT with regard to a complaint made by one Zakia Jaffrey. Ms. Zakia Jaffrey, whose husband ex-MP Ehsan Jaffrey was killed during the riots in Gulbarg society along with 39 others, had alleged in her complaint that Mr. Modi, his Cabinet colleagues, police officials and senior bureaucrats aided and abetted the 2002 post-Godhra riots. Mr. Malivad, one of the persons named in Ms. Zakia Jaffrey's complaint, in his petition, had demanded stay on investigations and directions from the court to restrain SIT from arresting persons named in the complaint, including Mr. Modi. Mr. Malivad contended that the apex court had asked SIT to "look into" the complaint, and this does not empower it to investigate the case according to the provisions of CrPC as no FIR was registered in the matter. Appearing on behalf of the SIT, senior counsel K.G. Menon had countered the points raised in Mr. Malivad's petition by submitting before the court that as per the Supreme Court order their job was to find out the truth with regard to the allegations made in Ms. Zakia Jaffrey's complaint. And as the apex court order had stated that SIT needs to take necessary steps as per law, "a preliminary inquiry in the matter was permissible, which we are doing," Mr. Menon said. He had further submitted that they were conducting a preliminary inquiry permissible as per the apex court's order, and the report will be submitted to the court. And only after a cognisable offence is disclosed following the preliminary inquiry that SIT shall register a case and then proceed for investigation, he added