Jafri's husband, former Congress MP Ehsan Jafri, was among those who were killed in the riots.
Advocate Mihir Desai, Jafri's lawyer, today argued before Justice Sonia Gokani. The magistrate's court had wrongly held that it cannot order investigation of riots cases because it did not fall in its jurisdiction, Desai said.
Neither SIT nor the magistrate's court considered the first interim probe report of SIT filed by its member A K Malhotra when the case was before the Supreme Court, he said.
"It might be a reaction on what happened on February 27. But there was a failure to impose curfew and the failure to take precautionary measures to ensure that the Bandh (in protest against Godhra incident) should be peaceful," he said.
Desai also pointed out certain hate speeches contributed to the riots.
Jafri had filed a complaint in the Supreme Court against Modi (the then Chief Minister of Gujarat) and 62 others including state ministers, police officials and BJP leaders, alleging that they were part of a wider conspiracy behind the post-Godhra riots.
