Metropolitan Magistrate B J Ganatra while pronouncing the order in open court told Zakia's counsel Mihir Desai that her petition has been rejected and they have the liberty to approach a higher court.
Jafri, whose husband Ehsan Jafri, a former Congress MP, was among 68 people killed in the Gulbarg society massacre here during the post-Godhra riots, had filed a protest petition on April 15, this year objecting to the Supreme Court-appointed SIT's closure report absolving Modi of complicity in the conspiracy behind the carnage.
74-year-old Zakia, who was present at the court, broke down after the verdict was out and said she will appeal against it in the higher court in a month.
"The only hurdle in the acceptance of SIT's recommendations was the protest petition and the protest petition was rejected, obviously the SIT report has been accepted. So, SIT's investigation, integrity, impartiality, all have been given a judicial stamp," R S Jamuar, SIT's counsel, told reporters after the verdict.
After completing its investigation on Zakia's complaint, the SIT had had filed its closure report on February 8, last year.
It concluded that despite difficulties in obtaining evidence in the case because of the lapse of eight years, whatever material it could gather was not sufficient enough to prosecute those against whom allegations of hatching the conspiracy had been levelled.
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