The Supreme Court-appointed Special Investigation Team (SIT) Wednesday termed Zakia Jafris protest petition a fiction before a Metropolitan court in its response to her plea that has challenged the cleanchit to Chief Minister Narendra Modi and 62 others on their alleged role in the 2002 riots.
Jafris protest petition was submitted on April 15 and the court began hearing it on a daily basis beginning Wednesday.
Jafri,whose husband Ahsan,a former Congress MP,was among the 68 killed in Gulberg Society,has alleged that the Narendra Modi government was pre-warned about the building up of communal tension across the state,by various intelligence report and radio messages from the control room after the train burning in Godhra,which it ignored.
The argument on protest petition started before Metropolitan Magistrate B J Ganatra. The SIT,represented by senior counsel R S Jamuar said,each and every paragraph in the petition is concocted against Chief Minister Narendra Modi. He said the allegation is based on fiction and on that basis the complainant wants action against the CM.
Zakia has no knowledge of the incident and every allegation is based on hearsay. The allegation in the petition is drawn from the affidavits filed before the Nanavati Commission by people like R B Sreekumar (retired DGP,Gujarat) and others which can not be ruled as evidence. Since Nanavati Commission hasnt pronounced any verdict,these affidavits cant be taken as evidence. In fact,the commission approached us to get some documents which we refused. We have also been given the liberty by the Supreme Court to differ from the commissions report, Jamuar argued before the court.
Jamuar also told the court that many of the allegations have also been taken from two books based on 2002 riots which were published by activist Teesta Setalvad which were written by four persons including two retired Supreme Court justices.
Teesta has also requested the Supreme Court to club the entire trial pertaining to Gujarat riots. But she forgot to inform the apex court that why Best Bakery and a rape case (Bilkis Banu) was shifted to Mumbai. There she didnt say about larger conspiracy. But here in this they want to implicate the CM, Jamuar said in his submission.
He said there are nine FIRs covering the whole of rioting incidents of which six cases have already been disposed with convictions. He said SIT found every incident completely investigated. Therefore,there cant be new FIRs for the same case.
According to Jamuar,as per petition the accused wants the court to take the cognizance of offenders not of offences. Citing a Supreme Courts judgment,Jamuar said a cognizance can be taken only of an offence as per law but not of offenders.