Guj riots: SIT names Zadafia in report, gets SC nod to probe

The Apex court allowed the Special Investigation Team (SIT) probing some riot cases afresh to quiz Zadafia, Tandon and two others named in the report submitted to it following plea by the team.

The court permitted the SIT to carry out further investigation into the cases, including the killing of ex-Congress MP Ehsan Jafri in which Modi has been questioned for his alleged role.

The order was passed by a special Bench headed by Justice D K Jain after SIT's chief and former CBI Director R K Raghavan made a plea that some more persons were required to be interrogated.

The Bench noted that the SIT wanted to probe the alleged involvement of Zadafia, a former minister of state for home and Tandon, an ex-ADGP and two other policemen. Zadafia had fallen out with Modi after the riots.

Senior advocate Ram Jethmalani, appearing for a local MLA who has been named as an accused in the complaint filed by Jafri's widow, submitted that he should be heard for his plea seeking recall of the April 27, 2009 order asking SIT to look into Zakia Jafri's allegations. Zakia in her complaint accused politicians, bureaucrats and officers of complicity in the riots.

The court said it would look into the plea later as the SITwas proceeding for probe against some people.

The senior advocate submitted that the filing of the reports in the sealed cover was like an anathema to the judicial process and asked the court to bring them in the public domain.

Meanwhile, former CBI DIG A K Malhotra, who was appointed by the apex court to verify allegations of lapses in investigations being conducted by the SIT into the cases including the Gulbarg society case in which Jafri was killed, submitted its report in the sealed cover.
The report also contained the comments of the SIT chief Raghavan.

The Bench said the report would be handed over to advocate Prashant Bhushan, who is assisting the court as amicus curiae, in the petition filed by Jafri's widow.

It made it clear to Bhushan that he would maintain the confidentiality of the report.
"We expect that you will keep the copy of the report to yourself," the Bench also, comprising Justices P Sathasivam and Aftab Alam, said.

The order to this effect was passed amid protest by the Gujarat government counsel, who wanted Bhushan to be out of the Jafri matter.

The state government counsel sought that the petition of Jafri be tagged with other riots cases.

"Bhushan has some pre-concieved view on subject," the counsel said. His opposition was not accepted by the Bench which said "Bhushan will only be assisting us as an amicus curiae".