JOIN USJustice D H Vaghela dismissed the petition filed by former BJP legislator 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 the investigations by the Supreme Court-appointed SIT with regard to a complaint made by Zakia Jaffrey.
Abetment charge
Zakia, whose husband and former MP Ehsan Jaffrey was killed during the riots in Gulbarg 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.
Malivad, one of the persons named in Zakia’s complaint, in his petition had demanded a stay on the investigations and directions from the court to restrain the SIT from arresting persons named in the complaint, including Modi.
Malivad contended that the apex court had asked the SIT to “look into” the complaint, and that this did not empower it to investigate the case according to the provisions of the Code of Criminal Procedure as no first information report was registered in the matter.