Preliminary probe on against Modi,others: SIT tells court

“As the apex court order had stated that the SIT needed to take necessary steps as per law,a preliminary inquiry in the matter was permissible which we are doing,” Menon said. He further said that former BJP MLA from Lunavada,Kalu Maliwad’s petition was aimed at stalling SIT’s preliminary inquiry.

The SIT,probing some of the post-Godhra riot cases,made this statement before Justice D H Waghela,who was hearing on a petition filed by Maliwad,challenging the inquiry with regard to a complaint made by Zakia,whose husband ex-MP Ehsan Jafri was killed during the Gulberg society riots along with 39 others. Zakia has alleged that Modi,his 2002 cabinet colleagues,some police officials and senior bureaucrats aided and abetted the post-Godhra riots.

The SC had ordered SIT in April this year to look into the complaint and submit its report within three months. Menon further argued that it appears from the affidavit of the petitioner that he was trying to get copy of the confidential SIT report submitted in the SC.

Malivad,one of the persons named in Zakia’s complaint,had demanded stay on investigations and directions from the court to restrain the SIT from arresting persons named in the complaint,including Modi.

Raising legal question on the ongoing probe,Malivad had contended that the apex court had asked the SIT to “look into” the complaint,and this doesn’t empower it to investigate the case as per provisions of CrPC,as there is no FIR registered in this matter.

Earlier,Malivad’s lawyer S B Vakil had submitted that the SIT,instead of doing preliminary inquiry,was investigating the matter by summoning the witnesses and recording their statements. Vakil had also cited number of judgments making distinction between an inquiry and an investigation.