The Supreme Court today resumed the hearing of Zakia Jafri's petition which challenges the Special Investigation Team's clean chit given to 64 accused including PM Narendra Modi (who was then Chief Minister of Gujarat) and other high ranking officials concerning the 2002 Gujarat riots.
Jafri’s petition claims a larger conspiracy in the Gujarat riots and alleges that the violence was state-sponsored.
The bench hearing her petition constitutes of three Justices, AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.
Senior Advocate Mukul Rohtagi, appearing for the SIT on Wednesday told the Supreme Court that there was no evidence to support claims of a larger conspiracy in the 2002 Gujarat riots and
that the idea behind alleging that the violence was state-sponsored was to keep the "pot boiling," which showed "sinister signs."
But, Who is Zakia Jafri?
Zakia Jafri is the wife of Congress MP Ehsan Jafri, who was killed at his residential building, the Gulberg Society in Ahmedabad on February 28, 2002, during the riots.
The Gulbarg Society was a residential complex in which the majority of the residents were Muslims. According to media reports, many of Jafri's neighbours sought refuge in his home during
the riots, hoping that his status as a political leader would provide them with protection.
However, a mob attacked the building. Most of the houses were set ablaze. At least 69 people were killed in the massacre including Ehsan Jafri, whose body was never found in his posh bungalow.
Zakia, at the time of attack, was hidden in a room on the first floor and thus managed to survive.
What does Zakia Jafri suggest?
Zakia Jafri alleges a "collaboration" between the SIT and some of the accused.
SIT’s argument
"No larger conspiracy behind Gujarat riots. There is no need to keep this pot boiling... your Lordships should give closure," said Mukul Rohatgi.
The senior advocate also said that Teesta Setalvad, the second petitioner in Zakia Jafri's apex court petition, had joined the case when it was in the high court.
"In fact, your Lordships will receive material indicating that several people arrived at the SIT with prepared statements. Their statements were recorded by the SIT and they said
that these pre-prepared statements, to which they have appended signatures, are dictations of Teesta Setalvad, the petitioner number two,” he said.
Also Read: Which one is real conspiracy, 2002 Gujarat riots or Zakia Jafri's plea? SIT weighs in
Zakia Jafri’s case in brief
In 2006, Zakia had filed an FIR against 63 people including Narendra Modi, top ministers, MLAs, IAS and IPS officers and political leaders. When her complaint did not get any response, she
filed a petition in the Gujarat High Court praying that her complaint be treated as FIR.
The HC, however, dismissed this complaint, forcing Zakia to move to Supreme Court.
Fast-forwarding to February 2012, the Special Investigation Team concluded its investigation, citing "no prosecutable evidence,” and gave clean chits to all accused.
Challenging SIT's decision, Zakia filed a plea in Gujarat HC which was rejected, then in Supreme Court in 2018. Recognizing the "pain of a widow," the SC had asked that the
SIT investigate her complaint.
On Wednesday (Dec 1 2021), the SC heard Zakia’s plea and SIT’s argument, which continues today.
A little about the 2002 Gujarat riots
In 2002, large-scale communal violence erupted in Gujarat and the state Godhra train-burning, Gulbarg Society massacre and many similar tragic incidents.
The riots left 1,044 people dead, 223 people missing, and 2,500 people injured, according to official figures. There were 790 Muslims and 254 Hindus among the dead. There were numerous reports of brutal killings and rapes, as well as widespread looting and property destruction.
Narendra Modi, as well as police and government officials who allegedly directed the rioters and gave them lists of Muslim-owned properties, were accused of instigating and condoning the violence.