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Gujarat riots: Supreme Court order a mixed bag for both parties

While the report submitted by senior lawyer, Raju Ramachandran, is in conflict with the RK Raghavan-led Special Investigating Team’s findings, there is hope for Jafri’s widow, Zakia.

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The Supreme Court’s order in the appeal filed by the wife of Congress MP Ahsan Jafri is a mixed bag for the various parties involved.

While the report submitted by senior lawyer, Raju Ramachandran, is in conflict with the RK Raghavan-led Special Investigating Team’s findings, there is hope for Jafri’s widow, Zakia.

According to informed sources, the SIT has stated that Gujarat chief minister Narender Modi’s culpability in the murder of Ahsan Jafri cannot be proved in the 2002 riots.

However, sources said, Ramachandran’s report that was submitted to the apex court in a sealed cover is based on his interaction with several persons who can provide fresh lead into the case.

However, when contacted Ramachandran told DNA, it is presumed that the material to be placed before the magistrate would include his report  too.

Ramachandran termed the order “constitutionally and legally perfect’’, pointing out that “it protects the rights of both the complainant as well as the accused. It doesn’t prejudice their conflicting claims.’’

Noted criminal law expert KTS Tulsi also lauds the order saying it’s in “conformity with the precedents and  complies with the law in letter and spirit’’.

Tulsi said the magistrate, who will be looking at the case, can reject the SIT report if it feels it is not adequate. It can order a fresh investigation. It can issue summons to the complainant for recording her statement and also re-examine the entire material before taking a decision.

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