Modi has been summoned by SIT on March 21 to answer queries regarding the killing of Congress MP Ehsan Jafri in the bloodshed at GulbargHousing Complex.
In a minor relief to Narendra Modi, the Supreme Court (SC) said on Monday it would decide on April 5 if its April 2009 order, that a special investigation team (SIT) probe the roles of the chief minister and 63 others in the bloodshed at Gulbarg Housing Complex during the 2002 communal violence in Gujarat, needs a fresh look.
“We will consider whether this order in its entirety should be continued or recalled,” said an apex court bench of justices DK Jain, P Sathasivam and Aftab Alam, referring to the April 27, 2009, order by another bench of erstwhile judges Arijit Pasayat and AK Ganguly.
SC was hearing a plea by BJP MLA Kalubhai Maliwad, who is also an accused in the Gulbarga case, challenging the apex court’s order for an SIT probe into the 2002 violence.
Modi has been summoned by SIT on March 21 to answer queries regarding the killing of Congress MP Ehsan Jafri in the bloodshed at GulbargHousing Complex, but an analyst said he may skip the appearance.
Jafri’s widow Zakia has asked SC to make Modi an accused in the murder case.
However, the chief minister’s lawyer Ram Jethmalani argued that SC handed over the probe to SIT without hearing any of the 63 accused.
He said “the target of the case in this matter is accused number one [Modi]” and sought recall of the April 27, 2009, SC order.
Jethmalani wondered whether the law was different for the 63 accused.
“I am sure the judges didn’t read [Zakia] Jafri’s petition before passing the order,” he said and lauded “the good work” done by SIT.
Earlier, SC asked the trial court to defer the ongoing trial in the Gulbargsociety massacre case since special prosecutor RK Shah had resigned making certain allegations against judge BU Joshi and SIT. Shah has sent a letter to SC alleging lack of cooperation by SIT member Ashish Bhatia. He also alleged that Bhatia kept pressuring him to deal unprofessionally with eyewitnesses.
Solicitor general Gopal Subramaniam and lawyer Harish Salve, who is assisting the court in this matter, will examine the contents of Shah’s letter and SIT’s report, after which the court will take a decision on his allegations.
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