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SC says no need to further monitor Gujarat riot cases

In a relief to Gujarat Chief Minister Narendra Modi, the Supreme Court on Monday refused to pass any order on his alleged inaction to contain the 2002 Gujarat riots after the Godhra carnage and referred the matter to the concerned magistrate in Ahmedabad for a decision.



Reacting to the verdict of the apex court, Modi posted a tweet saying, “God is great !”.


Other senior party leaders also expressed their happiness over the development.Leader of Opposition in Lok Sabha, Sushma Swaraj tweeted, “Narendrabhai has passed Agnipareeksha today. My heartiest congraulations to him. Satyameva jayate. Varshon baad aaj satya ki vijay hui.”Later, speaking to mediapersons, veteran leader L K Advani said, "Never in history of
India has there been misinformation propaganda against any political leader as it has been against Modi."

A three-judge bench headed by Justice DK Jain directed the SIT, which is probing the riot cases, to submit its final report before the magistrate who was asked to decide whether to proceed against Modi and 63 others, which includes senior government officials.

The bench made it clear that there was no need for it to further monitor the riot cases.

The bench also comprising Justice P Sathasivam and Justice Aftab Alam said in case the magistrate decides to drop proceedings against Modi and others, he has to hear the plea of slain MP Ahsan Jafri's widow Zakia Jafri, who had filed a complaint against the Gujarat chief minister.The court passed the order on a petition by Zakia Jafri alleging that Modi and 62 top government officials deliberately refused to take action to contain the state-wide riots, triggered by the February 27, 2002 Godhra train carnage.

Jafri, who lost her husband Ahsan Jafri, a former Congress MP in Gulberg Housing Society massacre during riots, had told the apex court that a proper probe should be carried out by the SIT, headed by former CBI chief R K Raghavan, into her allegations of inaction and various acts of omission and commission by Modi and others after the riots.

The apex court had earlier handed over the task of probing the case to the SIT which submitted its report in the court.

After the SIT filed its probe report in a sealed cover, the court had also asked senior advocate Raju Ramachandran, who is assisting it as amicus curie, to analyse the SIT probe findings and file a confidential report on it.

Ramachandran subsequently had submitted his report to the court, which passed the order after going through the reports by SIT and Ramachandran and referred the case back to the concerned Ahmedabad magistrate to decide the further course of action in the case.The court said the magistrate, before deciding on the complaint by Zakia Jafri, will issue her a notice and afford her an opportunity to be heard.

The court also asked the special investigation team (SIT) headed by former Central Bureau of Investigation director RK Raghvan to file its status report before the concerned magistrate.

The amicus curiae (friend of the court) Raju Ramachandran report, which differed with the findings of the SIT, is also to be referred to the magistrate.

After that, the magistrate will take a final call on the alleged involvement of people named in the FIR. The Supreme Court directed the SIT to submit a final report before the magistrate.

In her complaint, Zakia Jafri had named Gujarat Chief Minister Narendra Modi and 62 others and alleged that they orchestrated the post-Godhra riots in connivance with senior police officials and bureaucrats in the state.

It has been alleged that there was a conspiracy involving Modi and others post the Godhra train burning incident to provoke communal violence in the state.

More than 30 were killed in Gulbarg by a mob on February 28, 2002.

According to reports, Jafri himself had called up various leaders in Gujarat to rescue him and others who had taken shelter in his house. But no one reportedly provided any help even though police officials were deployed in the same area.

The SC verdict will be pronounced by the bench of Justice DK Jain, Justice P Sathasivam and Justice Aftab Alam.

 

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