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SC vacates stay on verdict in Gujarat riots cases
SIT indicates there’s no evidence against Modi 
R Sedhuraman
Legal Correspondent

New Delhi, October 26
The Supreme Court today vacated the stay on the delivery of judgments by the trial courts in the cases relating to the 2002 riots in Gujarat even as the Special Investigation Team (SIT) indicated that there was no evidence against Chief Minister Narendra Modi in the killing of former Congress MP Ehsan Jaffrey. The SIT had questioned Modi in two marathon sessions in March this year.

A special Bench headed by Justice DK Jain, however, clarified that the stay would continue in the case relating to the violence at the Gulberg society in which Jaffrey was a victim.

RK Raghavan, SIT chief and former CBI Director, informed the Bench that the investigation in the Gulberg society case was complete and it was found that “three individuals are involved.” The SIT had sought legal opinion, which was expected in a fortnight. However, when the Bench, which included Justices P Sathasivam and Aftab Alam, asked whether the SIT would be ready with the probe report for the next hearing in a month, Raghavan sought five weeks. Upon this, the Bench fixed December 2 for the next hearing.

Though Raghavan did not name the three individuals, those closely associated with the case said the SIT had zeroed in on former junior Home Minister Gordhan Zadaphia, former ADGP MK Tandon and former IG PB Gondia.

The apex court Bench also issued a notice to the Gujarat government on a plea by Zakia, wife of Ehsan, for transferring the trial from the present court, alleging bias by the trial Judge. A copy of the plea would be given to the SIT to get its views.

The Bench, however, rejected a plea for the reconstitution of the SIT, stating it was not possible at this late stage. The court adjourned the proceedings indefinitely on a petition seeking action against SIT member Geeta Johri, the first woman IPS officer of Gujarat, for allegedly trying to mislead the court by filing factually wrong affidavits.

Meanwhile, the Bench relieved Amicus Curiae Prashant Bhushan from the case as he expressed his unwillingness to continue in the wake of objections raised by the Gujarat government. The state said Prashant had issued statements against the government at the time of the riots and as such his views were biased. Accepting that he had made certain remarks, he however maintained that he was aware of his responsibility as the Amicus. Nevertheless, he said it was not proper for him to continue.

The SC had asked the SIT to monitor the trial of 10 cases. These related to Gulberg, Ode, Sardarpura, Narodao Gaon, Naroda Patya, Baranpura, Machiptih, Tarsali, Pandarwada and Raghavapura.

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