SIT opposes Zakia`s protest petition on Modi clean chit
Ahmedabad: The Special Investigation Team (SIT) on Wednesday strongly contested the protest petition filed by Zakia Jafri against its closure report giving clean chit to Gujarat Chief Minister Narendra Modi and others in the 2002 post-Godhra riot case.
The day-to-day hearing on the petition filed by Zakia earlier this month, began in the court of Metropolitan Magistrate B J Ganatra today.
In a three-point rebuttal, the SIT, represented by its counsel RS Jamuar, sought to discard the very FIR filed by Zakia in 2006, claiming "the way it (FIR) has been drafted suggests that it`s nothing but a piece of waste paper."
Zakia, wife of 2002 post-Godhra riots victim and former Congress MP Ehsan Jafri who was killed in the Gulbarg Society riots, along with 68 others, had filed the complaint with supreme court on June 8, 2006 against Modi and 58 others.
Zakia demanded rejection of the closure report filed by the Supreme Court-appointed SIT on February 8, 2012, giving clean chit to Modi and others, and requested filing of chargesheet against them.
"In comparison to the complaint as defined in Criminal Procedure Code(CrPC), this (the FIR) is not at all a complaint, it`s a piece of waste paper to be thrown away," said Jamuar.
"It`s a fiction or novel written by 4-5 persons and complainant Zakia has no knowledge about anything written in it," he argued.
Zakia has also demanded further investigations into the case by an independent agency other than the SIT, headed by former CBI director R K Raghavan.
Raising the second point of objection, Jamuar cited the content of Zakia`s complaint, claiming "the complainant has presented no case, no evidence. But extracted the material which was submitted before Justice (retired) G T Nanavati-Akshay Mehta Commission".
"The complainant has extracted most of the material submitted, examined and cross-examined by a commission of inquiry, Justice Nanavati Commission, which is still functioning and yet to submit its final report," Jamuar said.
Citing supreme court judgements, he contended that, "no courts, either civil or criminal, is bound to the report of any panel set up under the Commission of Inquiry Act and here complainant has drafted her whole complaint based on the material from commission."
He argued that Zakia`s petition should have restricted only to the SIT closure report. "But they have added new facts, points, evidence which were never been investigated", Jamuar said.
Raising the third point of objection, he said "Zakia`s petition is seeking court to take cognisance of those offences for which not only the cognisance has (already) been taken but investigation has also been completed, evidence produced, trials completed and out of eight certain rioting incidences the court has even pronounced convictions in five cases".
Jamuar was referring to the cases of Naroda Patiya massacre case of Ahmedabad, Dipda Darwaja and Sardarpura cases of Mehsana and two cases of Ode village, where the trial court has pronounced its judgement of conviction.
"As per the supreme court judgements, cognisance should be of offence, not of the offenders and here the complainant is seeking to reopen those cases under the claims of larger conspiracy".
Further arguments in the case will continue tomorrow.
More from India
More from World
More from Sports
More from Entertaiment
- I eat beef, can somebody stop me?: Kiren Rijiju hits back at Naqvi
- Delhi: Visually impaired boy scores 91.4% in CBSE 12th Board exams
- MP: 14-year-old boy works as bonded labour since 2009
- UP: Man chops off wife's nose, hair for dowry
- Zee Media Exclusive: The plight of yoga expert Tejaswi Sharma
- Heat ave continues in India, death toll climbs to over 1,400
- Woman denied flat in Mumbai for being a Muslim
- 4 Indians in Forbes' 100 most powerful women list
- Gujjar stir: HC asks Rajasthan govt to clear rail track, roads
- Megastar Amitabh Bachchan slapped with Rs 1 crore notice
- Kenyan lawyer offers to marry Barack Obama's daughter Malia
- Gujjar stir: HC asks Rajasthan govt to clear rail track, roads- Part II
- AIB: The 'Third Gender's right to dignity'
- Salman Khan accident files burnt in Mantralaya fire
- Maggi likely to face ban in India!
- CBSE Class 10 Board Result 2015 to be announced today
- Check mahresult.nic.in for MSBSHSE Maharashtra Class 12 HSC Result 2015
- CBSE Class 10 Board Result 2015 (cbse.nic.in, cbseresults.nic.in) postponed?
- Maharashtra MSBSHSE HSC Result 2015 on mahresult.nic.in
- I was misquoted, says Kiren Rijiju on 'beef' remark
- First look: Salman Khan steals thunder in `Bajrangi Bhaijaan`
- Check cbse.nic.in, cbseresults.nic.in for CBSE Class 10 Result 2015
- mahresult.nic.in updated with MSBSHSE Maharashtra HSC Class XII Result 2015
- Manmohan Singh defends himself on 2G charge, slams Modi govt for 'carbon copy' schemes
- CBSE Class 10 (Class X Board) Result 2015 on cbse.nic.in, cbseresults.nic.in at 2 pm
- Sonia Gandhi 'unconstitutional authority' during UPA: PM Narendra Modi
- Hours after attacking NDA govt, Manmohan Singh meets PM Narendra Modi
- Reservation stir: Five percent job quota to Gujjars unlikely, hints Rajasthan govt
- PMO website revamped, now send e-mail to PM Modi directly
- Death toll climbs to over 1400 as intense heatwave continues in India