Guj HC dismisses petition seeking stay in probe against Modi

Ahmedabad, July 24 (PTI) In fresh trouble for Chief
Minister Narendra Modi, the Gujarat High Court Friday
dismissed a petition challenging the probe by the special
investigation team (SIT) against him and 62 others during the
2002 riots.

Justice D H Vaghela dismissed the petition filed by
former Bharatiya Janata Party (BJP) Member of Legislative
Assembly (MLA) Kalu Malivad (one of the 62) stating that no
relief could be granted in the case as the SIT was directly
working under the supervision of the Supreme Court of India.

Malivad had filed a petition in the Gujarat High Court
demanding a stay on investigations by Supreme Court-appointed
SIT with regard to a complaint made by one Zakia Jaffrey.

Zakia, whose husband ex-Member of Parliament (MP)
Ehsan Jaffrey was killed during the riots in Gulburg society
along with 39 others, had alleged in her complaint that Modi,
his cabinet colleagues, police officials and senior
bureaucrats aided and abetted the 2002 post-Godhra riots in
India's western state of Gujarat.

Malivad, one of the persons named in Zakia's
complaint, in his petition, had demanded stay on
investigations and directions from the court to restrain SIT
from arresting persons named in the complaint, including Modi.

Malivad contended that the apex court had asked SIT to
"look into" the complaint, and this does not empower it to
investigate the case according to the provisions of Criminal
Procedure Code (CrPC) as no First Information Report (FIR) was
registered in the matter.

Appearing on behalf of the SIT, senior counsel K G
Menon had countered the points raised in Malivad's petition by
submitting before the court that as per the Supreme Court of
India order their job was to find out the truth with regard to
the allegations made in Zakia's complaint.

And as the apex court order had stated that SIT needs
to take necessary steps as per law, "a preliminary inquiry in
the matter was permissible, which we are doing," Menon said.

He had further submitted that they were conducting a
preliminary inquiry permissible as per the apex court's order,
and the report will be submitted to the court.

And only after a cognisable offence is disclosed
following the preliminary inquiry that SIT shall register a
case and then proceed for investigation, he added. PTI PB
RAI