Gujarat riots: SC to hear plea of Zakia Jafri against SIT's clean chit to Modi on April 13
New Delhi: The Supreme Court on Tuesday fixed for hearing on April 13 the plea of Zakia Jafri, wife of slain MP Ehsan Jafri, challenging the SIT's clean chit to then Gujarat chief minister Narendra Modi in the 2002 riots, saying it would not entertain any request of adjournment on the next date.
A bench headed by Justice A M Khanwilkar took note of the request of senior advocate Kapil Sibal, appearing for Jafri, that the matter be heard sometime in April as several advocates are busy in the Maratha reservation case being heard presently by a five-judge Constitution bench.
However, Solicitor General Tushar Mehta, appearing for the Gujarat government, opposed the plea for adjournment and sought hearing of the case next week.
Senior advocate Mukul Rohatgi, appearing for the SIT (Special Investigation Team) also opposed the letter for adjournment, and said the matter should be decided.
Put this case for hearing on April 13. No request for adjournment will be entertained, ordered the bench which also comprised Justices Dinesh Maheshwari and Krishna Murari.
The top court, in February last year, had 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 SIT filed a closure report giving a clean chit to Modi and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.
Zakia Jafri 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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
