BJP MLA Moves SC against Handing over 2002 Riots Probe to SIT

With Gujarat chief minister Narendra Modi yet to appear before the SIT, a sitting BJP legislature has moved the Supreme Court challenging its instruction of handing over the 2002 riots investigation to it, said media reports.

A special three-judge bench led by Justice DK Jain and comprising Justices P Sathasivam and Aftab Alam, accepted the petition saying that it would consider it, said report.

The application was moved by the BJP MLA Kalubhai Maliwad, an accused along with 63 persons including Modi in the complaint filed by Zakia Jafri, wife of Congress leader Ehsaan Jafri who was killed in the riots at the Gulbarga society in Ahmedabad.

“We have to consider whether the order in entirety can be recalled,” the bench said.

The observation came on contention of senior advocate Ram Jethmalai, appearing for the MLA, that the complaint was entrusted to the SIT without hearing any of the 63 accused, report said.

“The target of the case in the matter is accused number one (Narendra Modi),” he was quoted as saying.

The advocate said that he was seeking recall of the April 27, 2009 order handing over case to the SIT, said report.

“The order for SIT probe is not in the interest of law and justice as the document is not a complaint for cognizance as the accused number 13 (Maliwad) was not heard,” he was quoted as saying.