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NEW DELHI: The Gujarat High Court has refused to
stay the probe by the special investigation team (SIT) —
appointed by the Supreme Court to look at post-Godhra
riot cases — into a complaint alleging the role of chief
minister Narendra Modi, his Cabinet colleagues and
senior administration and police officials in the 2002
communal carnage at Gulburg society in Ahmedabad.
Justice D H Vaghela on Friday dismissed the petition
filed by former BJP MLA Kalu Malivad, one of the 76
accused in the case, stating that no relief could be
granted in the case as the SIT was directly working
under the supervision of the Supreme Court.
Mr Malivad had filed a petition in the Gujarat High
Court demanding a stay on investigations by Supreme
Court-appointed SIT with regard to a complaint made by
Zakia Jaffrey, widow of ex-MP Ehsan Jaffrey who was
killed during the rioting at Gulburg society along with
39 others. Zakia had alleged that Mr Modi and some of
the ministers in the his Cabinet had, along with police
officials and senior bureaucrats, aided and abetted the
2002 post-Godhra communal violence.
Mr Malivad, in his petition to the Gujarat High Court,
argued that since no FIR was registered regarding the
complaint made by Zakia, the SIT was not empowered to
investigate the case as per the provisions of the CrPC.
Citing these grounds, he demanded a stay on
investigations and directions from the court to restrain
SIT from arresting persons named in the complaint,
including Mr Modi.
Appearing on behalf of the SIT, senior counsel K G Menon
countered the points raised in Mr Malivad’s petition
saying that their job, as per the Supreme Court order,
was to find the truth in the allegations made by Zakia.
And as the apex court order had stated that SIT needs to
take necessary steps as per law, “a preliminary inquiry
in the matter was permissible, which we are doing,” Mr
Menon informed the high court.
He further submitted that their report on the
preliminary inquiry would be submitted to the apex court
and only after it discloses a cognisable offence shall
the SIT register a case and proceed for investigation.
In May this year, the SIT had filed an additional
chargesheet in the Gulburg society case in the
metropolitan court, naming a deputy SP-level officer, K
G Erda, and seven others including local BJP leaders
Bipin Patel and Chunilal Prajapati as accused.
Erda was posted as a police inspector at Meghaninagar
police station during the 2002 post-Godhra riots when a
mob had attacked Gulburg society. Gulburg society comes
under the jurisdiction of Meghaninagar police station.
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