Court refuses to share SIT report,for now

The Ahmedabad Metropolitan Court on Wednesday refused to accept the applications seeking copies of the report filed in confidence by the Supreme Court-appointed Special Investigation Team till the investigating agency submitted all the relevant documents related to the probe done on a complaint by Zakia Jafri.

Written by Express News Service | Ahmedabad | Published:February 16, 2012 7:13 am

The Ahmedabad Metropolitan Court on Wednesday refused to accept the applications seeking copies of the report filed in confidence by the Supreme Court-appointed Special

Investigation Team (SIT) till the investigating agency submitted all the relevant documents related to the probe done on a complaint by Zakia Jafri.

The SIT was given time till March 15 to submit these papers to the court even as the court held that it would then examine whether the applicants were entitled to access the report.

The court passed different orders on different applications in this regard confirming that further procedure on the report would be initiated only after the SIT submits documents relevant to the report.

“In this matter,the SIT has submitted the report and sought time to present relevant material. In such circumstances,it is not reasonable to make (SIT) submit documents till the documents/statements/material submitted by the SIT are brought on record. Further,on its production,it can be decided on merits if the applicant is entitled to the demand or not. Further,as per the order of the Supreme Court,it has been ordered to give copies to the applicant/complainant as per rules and in such circumstances,at this juncture,there is no reason to accept the application under section 91 of CrPC…,” the order said.

The SIT had submitted the report in a sealed cover before the court of Metropolitan Magistrate M S Bhatt on February 8 while seeking time to submit the relevant documents related to the same on the ground that they are quite bulky and it needs to be put in proper serial-wise fashion before the court.

Sixty-two persons stand accused in Zakia’s complaint,including Chief Minister Narendra Modi,for their alleged complicity in 2002 riots on which SIT has submitted its report under the directions of the Supreme Court.

Following submission of the report,four applications were filed before the court seeking certified copy of the report; one of them was Zakia Jafri’s. The SIT had opposed sharing the report with anyone saying nobody has any locus standi to obtain copy of the report unless and until the court opens the same and issues notice to the complainant.

Passing orders on the applications,Bhatt has held that in the interest of justice it is necessary that the SIT submits documents related to the report by March 15 and only then further procedure can be initiated.

Meanwhile,Zakia has also moved an application seeking the court to open the report filed by SIT before it and declare its conclusion in the same. The court has kept hearing on the same for February 29.

Reacting to the order,Zakia said,“I am happy that the court has given its judgment in our favour and directed the SIT to give its report and other documents related to our case in a month’s time… The report will help us to decide our future course of action. After getting the report,my son Tanveer will study it and only then we can comment on the investigation carried out by the SIT.”former CM mehta questions SIT stand

Former Chief Minister Suresh Mehta has objected to the stand taken by SIT in the matter while saying that it seems SIT is advocating for the Modi government.

In a statement,issued on Wednesday,Mehta alleged that the SIT had filed the report without submitting necessary documents along with it to divert the attention of people from the HC judgment criticising the state government.

The stand taken by the SIT has reaffirmed people’s doubts about its non-partisan approach,Mehta added in his statement.

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