Gujarat riots: SC adjourns hearing on Zakia Jafri's plea against SIT clean chit to Modi
New Delhi: The Supreme Court on Tuesday adjourned by two weeks the hearing on a plea of Zakia Jafri, the wife of slain MP Ehsan Jafri, challenging the Special Investigation Team (SIT) clean chit to then Gujarat chief minister Narendra Modi in the 2002 riots.
A bench headed by Justice A M Khanwilkar said the matter would be listed after two weeks as the petitioner has circulated a letter seeking adjournment in the case.
The apex court had on March 16 posted the matter for hearing on Tuesday and said that it would not entertain any more request for adjournment.
The bench had last month taken note of the request of senior advocate Kapil Sibal, appearing for Jafri, that the matter be heard sometime in April as several advocates were busy in the Maratha reservation case which was then being heard by a five-judge Constitution bench.
Solicitor General Tushar Mehta, appearing for the Gujarat government, had then opposed the plea for adjournment.
The top court had in February last year fixed the case for hearing on April 14, 2020 saying the matter had been adjourned many times and will have to be heard someday.
Prior to this, Jafri's counsel had told the apex court that a notice needs to be issued in the plea as it relates to an alleged "larger conspiracy" from February 27, 2002 to May 2002.
Ehsan Jafri was among the 68 people killed at Gulberg Society in Ahmedabad on February 28, 2002, a day after the S-6 Coach of the Sabarmati Express was burnt at Godhra killing 59 people and triggering riots in Gujarat.
On February 8, 2012, the Special Investigation Team (SIT) had filed a closure report giving a clean chit to Modi, now the prime minister, and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.
Zakia Jafri had filed a petition in the apex court in 2018 challenging the Gujarat High Court's October 5, 2017 order rejecting her plea against the decision of the SIT.
The plea also maintained that after the SIT gave a clean chit in its closure report before a trial judge, the petitioner filed a protest which was dismissed by the magistrate without considering "substantiated merits".
It also said the high court "failed to appreciate" the petitioner's complaint which was independent of the Gulberg case registered at Meghaninagar Police Station.
The high court in its October 2017 order said the SIT probe was monitored by the Supreme Court. However, it partly allowed Zakia Jafri's petition as far as its demand of a further investigation was concerned.
It said the petitioner can approach an appropriate forum, including the magistrate's court, a division bench of the high court or the Supreme Court seeking further investigation.
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Post poll TN alliances divided in supporting TVK
Chennai (PTI): In a changed political atmosphere in Tamil Nadu with no single political party having a simple majority to form the government post the Assembly election, opinion is divided among the allies led by the Dravidian majors in extending external support to Vijay-led TVK in government formation.
Both the DMK and AIADMK are at unease as the Congress and also a section in the AIADMK express willingness to extend external support to Vijay-led Tamilaga Vettri Kazhagtam in forming the government.
Post poll, the TVK's political prospects appear to impact alliances led by both the Dravidian majors in a different manner, triggering a speculation of a split.
Leema Rose Martin, who won from Lalgudi on an AIADMK ticket, has stated that talks were underway on extending support to the TVK. Her son-in-law Aadhav Arjuna, who won from Villivakkam is TVK's general secretary.
On May 5, former AIADMK minister O S Manian, emerging from his meeting with party general secretary Edappadi K Palaniswami, stated that AIADMK would not support TVK in forming the government.
The AIADMK, which finished third in the elections with 47 seats has cancelled its meeting of MLAs designate on Wednesday amidst a difference in extending external support to the TVK, which won 108 seats, including two seats by its founder Vijay.
As Vijay is gearing up for his swearing-in on May 7, the police have tightened security at his residence here. The party has lodged its MLA-elect at a resort in Mamallapuram and has simultaneously engaged in talks with the Congress and AIADMK, a source said.
The DMK that won 59 seats on its own, has convened a meeting of its newly elected legislators on May 7 evening and the party is likely to elect the youth wing secretary Udhayanidhi Stalin, who won from Chepauk-Thiruvallikeni as its legislature party leader.
Congress general secretary K C Venugopal admitted that TVK chief Vijay requested the Congress for support to form the government.
"The INC is clear that the mandate in Tamil Nadu is for a secular government, committed to protecting the Constitution in letter and spirit. The INC is determined not to allow the BJP and its proxies to run the government of Tamil Nadu in any manner. Thiru Vijay has also spoken about drawing inspiration from Perunthalaivar Kamaraj," he said.
Accordingly, the Congress leadership has directed the TNCC to take a final decision on Vijay’s request, keeping in view the sentiments of the state as reflected in the electoral verdict, Venugopal said in a statement.
DMK spokesperson Saravanan Annadurai slammed the Congress decision and said the move to ally with TVK, pledging the support of its five MLAs to the party, was tantamount to "backstabbing the DMK and the people of Tamil Nadu."
"They have betrayed the mandate given by the people. Even before the ink on the returning officer’s signature on the victory certificate has dried, they have chosen to go ahead with this alliance," he told PTI.
The most important question was who took this "foolhardy decision, and how is it going to backfire on the Congress?" he asked.
"I don’t think they had any serious deliberation on this. The larger issue is their opposition to the BJP, which is their ideological enemy. We have supported the Congress throughout. It was our leader M K Stalin, who named Rahul Gandhi as the prime ministerial candidate when the BJP and RSS were criticising him. And now, within a day, they say they are supporting TVK. This is not the mandate of the people of Tamil Nadu,” Saravanan said.
The Congress' exit from its long-standing alliance with the DMK will be a significant moment in the political scenario of the state, commentator and political analyst Sumanth Raman said.
The Congress may be betting on the TVK as a long-term partner option, but that comes with risks, as the TVK is as yet an unknown quantity, he said.
"For the DMK, if the TVK+Congress becomes the choice of the minorities as it well could, it is an existential threat. It was the minority vote that gave the DMK alliance a 12%-15% cushion in the polls. If that goes, their chances of winning drops dramatically," Raman said on 'X.'
The Congress won 5 seats. However, DMK's other allies, the IUML, VCK, CPI and CPI (M) and DMDK have categorically stated that they would not support TVK.
As of now, the TVK requires the support of 11 MLAs to attain a simple majority of 118 to form the government.
The PMK, which won 4 seats and AMMK one - both allies of AIADMK - have not announced their decision yet.
"AIADMK’s real post-result drama may not be outside the party, but inside it. Whispers from the west and north suggest that a Coimbatore hand and a Villupuram voice may soon ask the question everyone is avoiding: Is it time to save the party from the leadership, before the cadre are forced to do it themselves? In politics, coups don’t begin with slogans. They begin with silence, phone calls and “review meetings,” Aspire Swaminathan, who is credited with founding the AIADMK IT wing in 2014, said on 'X.'
He has resigned from the AIADMK in 2021 and now acts an as independent political analyst.
