Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • In Zakia Ahsan Jafri & Anr. v. State of Gujarat & Anr, the Apex Court gave clean chit to 64 politicians including PM Modi in the Gujarat Riots Case.
  • The Court observed that conspiracy cannot be presumed on the ground of failure on part of the State Government.
  • The case came to being after the 2002 Gujarat Riots which led to the death of thousands after a three days long communal war broke out between two religious groups.
  • The then CM Narendra Modi suffered the brunt of criticism for inaction during the said communal violence.
  • Subsequently, cases were filed against the Modi administration accusing him of having a part in the conspiracy behind the violence.
  • The Court took note of the contentions raised by both the parties and observed that inaction on the part of some officials of a certain section of the State administration is not a strong basis to presume it to be a criminal conspiracy by the State.
  • The Court further observed that in order to attract the provisions of criminal conspiracy, there must be some degree of participation in the offence alleged. Due to a lack of it, the State authorities cannot be blamed for the 'inaction'.
  • The Hon'ble Court held that as there is no cogent proof to establish the involvement of the State authorities in the 2002 violence, SIT's closure report will be accepted without any need for further investigation.
  • Accordingly, the Court dismissed the appeal.


 

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