A local court on Monday reserved for October 28 its order on protest petition filed by riot victim Zakia Jafri against the closure report of the Special Investigation Team (SIT) giving clean chit to Gujarat Chief Minister Narendra Modi with regard to the 2002 communal riots.
Zakia had on April 15 last filed a petition demanding the rejection of closure report of the Supreme Court-appointed SIT, submitted in February 2012, as well as an order from the court to file charge sheet against Modi and others.
Zakia is wife of slain Congress leader Ehsan Jafri, who was killed in a mob attack on Gulbarg Society in Ahmedabad during the riots triggered by the Godhra train carnage.
Metropolitan Magistrate B J Ganatra today said he is reserving order for October 28. Arguments by both sides got over this month.
Jafri's counsel Mihir Desai, in his written submissions before the Magistrate On September 18, claimed there was enough evidence to prosecute Modi for his alleged role in the 2002 riots.
In reply, the SIT was to file its written submissions on September 25. However, SIT lawyer R S Jamuar sought extension of five days citing ill-health.
Replying to queries seeking Modi's prosecution, Jamuar on Monday submitted that the SIT was never asked to look into the conspiracy angle of the post-Godhra riots by the apex court and it would have been unconstitutional had it done so.
"The apex court never asked us to investigate the allegations made by National Human Rights Commission (NHRC) or to look into what Justice Nanavati Commission (set up by the State Government to probe 2002 riots), was doing," Jamuar said.
Referring to former DGP R B Sreekumar, DIG Rahul Sharma and suspended IPS officer Sanjeev Bhatt, he said the apex court never asked the agency to investigate the allegations made by police officials against Modi and others.
"The SIT was mandated to investigate nine cases, including the Godhra train burning incident. In six cases, investigation was over and judgements have been delivered. The appeals of convicts and some of the acquitted are pending before the Gujarat High Court," he said.
He further said the probe agency is every three months filing status report before the Supreme Court regarding progress in remaining cases.