Zakia had on April 15 last filed a petition demanding the rejection of closure report of the Supreme Court-appointed SIT, submitted in February, as well as an order from the court to file chargesheet against Modi and others.
Zakia is wife of slain Congress leader Ehsan Jafri, who was killed in a mob attack on Gulbarg Society here during the riots triggered by the Godhra train carnage.
Arguments by both sides got over this month. Jafri's counsel Mihir Desai, in his written submissions before the Magistrate On September 18, claimed there was enough evidence to prosecute Modi for his alleged role in the 2002 riots.
In reply, the SIT was to file its written submissions on September 25. However, SIT lawyer R S Jamuar sought extension of five days citing ill-health.
Replying to queries seeking Modi's prosecution, Jamuar today submitted that the SIT was never asked to look into the conspiracy angle of the post-Godhra riots by the apex court and it would have been unconstitutional had it done so.
Referring to former DGP R B Sreekumar, DIG Rahul Sharma and suspended IPS officer Sanjeev Bhatt, he said the apex court never asked the agency to investigate the allegations made by police officials against Modi and others.
"The SIT was mandated to investigate nine cases, including the Godhra train burning incident. In six cases, investigation was over and judgements have been delivered. The appeals of convicts and some of the acquitted are pending before the Gujarat High Court," he said.
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