Gujarat High Court upholds SIT's report, finds no plot in Gujarat riots

The Gujarat High Court said on Thursday that there was no "larger conspiracy" in the 2002 Gujarat riots, and upheld a Supreme Court-monitored Special Investigation Team's report that had cleared 59 government functionaries, including Prime Minister Narendra Modi who was then the state Chief Minister.

The court was responding to a petition filed by Zakia Jafri — the widow of Congress leader Ehsan Jafri who was killed in the riots — and Tessta Setalvad's Citizens for Justice and Peace specifically. The petition had challenged the SIT's report and the ruling of a magistrate's court that had upheld it in 2013, saying the politician's opening fire in self-defence had acted as a catalyst and infuriated the mob.

The SIT had said in its 2012 closure report that Modi took all possible steps to control the riots, triggered after coaches of Sabarmati Express train were burnt at Godhra station, killing many. Zakia then moved the High Court in 2014, reiterating that Modi had turned a blind eye to the violence, and sought a criminal trial against him and 58 others.

The SIT stuck to its report and informed the High Court that its investigation was monitored by the Supreme Court.

The High Court has, however, allowed Zakia to approach courts for further investigation. Her husband, a former MP, was among 68 people killed in Ahmedabad's Gulberg Society. It was among the 10 major Gujarat riot cases re-investigated by the SIT.

In 2016, a special court in Ahmedabad convicted 24 people for the Gulberg massacre, but it also said there was no larger conspiracy.

Thursday's verdict by single-bench justice Sonia Gokani is a setback to the Jafris, as it said, "It (the High Court) does not believe in the concept of larger conspiracy. As the issue is dealt with by the magistrate court, its decision is upheld and the high court is not inclined to interfere into its conclusion," the High Court said.

But the order also brings relief for riot victims who can approach courts again for further investigation. Justice Gokani, while pronouncing the judgement, concluded, "The petition is partially allowed, as it (the High Court) disagrees with the magistrate court's conclusion that it does not have jurisdiction to order further investigation. Hence, the complainant can approach the appellate court for further investigation."

In support of its conclusion, it cited Supreme Court guidelines that magistrate courts can order further investigation into closure reports. Zakia's advocate MM Tirmizi said options for her to move court are open, and a decision will soon be taken.

Timeline

2002 Ehsan Jafri was among 68 killed in Gulberg Society. Zakia later alleges conspiracy by politicians and officials.
2013 Magistrate's court upholds SIT report, says Ehasan's opening fire in self-defence had infuriated the mob
2014 Zakia moves HC, reiterates Modi turned a blind eye to violence, seeks a criminal trial against him, 58 others.
2016 A special court convicts 24 people for Gulberg massacre, but it also says that there was no larger conspiracy
2017 Guj HC says there was no larger conspiracy in 2002 riots, upholds SC-monitored SIT's report that cleared 59