Zakia Jafri,widow of slain ex-Congress MP Ahsan Jafri,alleged the Special Investigation Team (SIT) that gave a clean chit to Chief Minister Narendra Modi,played mischief by not treating her petition as an individual case.
The court began hearing arguments from Jafris side on a daily basis in defence of her petition accusing Modi and 62 others on their alleged role in 2002 riots,on Wednesday.
SIT purposefully played a mischief by clubbing my case (Jafris) with Gulberg Society massacre case. Since it became a part of an ongoing trial,SIT didnt investigate the larger conspiracy, said senior lawyer Sanjay Parikh who represents Jafri along with lawyer Mihir Desai.
Criticising the SIT,Parikh told the court that SIT was stuck on one line of a Supreme Court order directing the team to look into it. He submitted that the apex court had directed the SIT to investigate the complaint of Jafri in addition to the nine trials it was already investigating.
The SIT had challenged Jafris protest petition,terming her complaint fiction written by four-five persons and based on hearsay.
Parikh argued SIT should have considered the complaint an individual case to establish that all the rioting incidents in the state were a part of larger conspiracy. According to Parikh,the nine individual cases including Gulberg society massacre,being investigated by the SIT (under Supreme Court supervision),were results of widespread conspiracy.
He argued the riots were spread all over Gujarat and the alleged conspiracy was not confined to any individual case. While submitting copies of Supreme Court and Gujarat High Court judgments since 2002,Parikh claimed the court was clear there was some conspiracy for some reason,including the attitude of the state in the Best Bakery case that was shifted to Mumbai.
Parikh pointed out how the prime witness in Best Bakery case,Zahira Sheikh,was forced to turn hostile and the accused were acquitted,but eventually a retrial was ordered and the accused were convicted by a Mumbai court.
Parikh submitted before the magistrate dates of events,judgments and reports of various agencies related to the riots beginning from Sabarmati Express train burning that was followed by systematic attacks on minority community at 30 locations.