HC defers hearing on Zakia's plea against clean chit to Modi

State government seeks time to study petition, file reply

The hearing on the riot survivour Zakia Jafri’s petition challenging clean chit to BJP’s prime ministerial candidate Narendra Modi and others in connection with 200 riots was deferred till April 11 after the state government sought time to study documents and file reply to the allegations made by the petitioner.

During mentioning before Justice S G Shah, additional advocate general Tushar Mehta appearing on behalf of the state government, sought time to study Zakia’s petition as it was a voluminous document. He also assured court that reply to the petition will be filed by the date decided by the court.

However, Zakia’s lawyers demanded that a notice be issued to the special investigation team (SIT) and other respondents in the case which includes Modi. Mehta opposed the demand arguing that since the state government has already appeared before the court and assured to filed a reply, notice to the respondents and state government was not necessary.

After hearing both the parties, Justice Shah deferred the matter till April 11. The state government has also been asked to file reply to Zakia’s petition by then.

Zakia has filed a Criminal Revision Application before the Gujarat High Court challenging the December 2013 verdict of a magisterial court in Ahmedabad rejecting her protest petition seeking to arraign Modi and 59 others on charges including criminal conspiracy, mass murder, arson, tampering with evidence with regard to the post-Gohdra riots in Gujarat that had claimed over 1,000 lives over a decade ago. She has demanded that court set aside lower court order accepting the closure report filed by the SIT with regard to Modi and others.

In her petition filed in the Gujarat High Court Zakia has argued that metropolitan magistrate had committed a fundamental error in law and on facts in failing to exercise his jurisdiction.

She further argued that the magistrate failed to consider the material that established prima facie involvement of Modi and others in 2002 riots.

These evidences include phone call records, records showing failure to take preventive measures and not taking into consideration statements of  important witnesses.