The Gujarat High Court on July 24 dismissed a petition challenging the probe by the special investigation team (SIT) against him and 62 others in connection with the 2002 riots. Justice D H Vaghela dismissed the petition filed by former BJP 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. 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 Zakia Jaffrey, whose husband ex-MP Ehsan Jaffrey was killed during the riots in Gulburg society along with 39 others. Zakia had alleged in her complaint that Modi, his cabinet colleagues, police officials and senior bureaucrats aided and abetted the 2002 post-Godhra riots.
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 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.