Gujarat court reserves order on Zakia`s plea to July 16
Ahmedabad: A local court on Wednesday reserved till July 16 its order on Zakia Jafri`s plea for production of more documents, including interim report filed by SIT in the Supreme Court, regarding its probe into her complaint against Gujarat chief minister Narendra Modi and others in 2002 riots.
The court of Metropolitan Magistrate B J Ganatra is also likely to pass order on the application filed by activist Teesta Setalvad for inspecting the original documents, submitted by SIT with closure report, on behalf of Zakia Jafri, on that day.
Continuing his arguments from last week and opposing Zakia`s plea, counsel for SIT, R S Jamuar, said the SIT has produced "everything" it has collected during the course of the investigation.
"Demand for interim report filed by A K Malhotra of SIT in a sealed cover in the Supreme Court is irrelevant as that is merely an opinion of an officer.
This court has to decide not on the opinions but on the basis of evidences we have collected and produced before this court with our final report," said Jamuar.
Advocate Mihir Desai, appearing for Zakia and Teesta, said SIT has changed its stand since it had filed the interim report.
"There has been a change in the positions in the investigation of SIT from what it had filed the interim report to what it has concluded in the closure report," he said.
"The change in positions by SIT is crucial and all reports filed in the Supreme Court should be looked into by this court before taking cognisance of and taking a final decision on the closure report," said Desai.
Zakia, wife of ex-Congress MP Eshan Jafri who was killed along with 68 others in Gulburg Society massacre, had filed a complaint against Modi and others for a "larger conspiracy" in 2002 riots.
After filing its closure report on the complaint against
Modi and others on the directions of the apex court, SIT had handed over copies of all related documents to Zakia.
However, Zakia filed an application in the court saying some of the documents were "unreadable", after which the court allowed her to examine all documents.
Earlier, the court had granted permission for examination of original documents by lawyers of Zakia Jafri.
Meanwhile, in her application, Setalvad also requested the court that she should be allowed to examine the original documents and produced a power of attorney granted to her by Jafri.
SIT had also opposed Zakia`s demand of handing her over the copy of a forwarding letter, submitted by SIT chairman R K Raghvan to the Supreme Court, while filing A K Malhotra`s interim report.
"Letter of R K Raghvan is not part of the investigation report of the SIT in Zakia`s complaint and we are not obliged to give it to the complainant," said Jamuar.
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