By Mumtaz Alam, India Tomorrow,
New Delhi, 18 March 2014: With Zakia Jafri, survivor of the 2002 Gujarat riot and widow of eminent Parliamentarian Ahsan Jafri, filing a Criminal Revision Application before the Gujarat High Court challenging the order of the Magistrate, the prime ministerial ambition of Gujarat chief minister Narendra Modi has started shaking.
The Magistrate had in Dec 2013 rejected Zakia’s petition against ‘clean chit’ given by Supreme Court-appointed Special Investigation Team to Modi. Zakia had alleged Modi and 59 others including top officers and ministers were directly or indirectly involved in the massacres in Gujarat including the one that took place at Gulbarg Society where Zakia and her family would live. Her husband and scores others were burnt to death at her apartment.
The Revision appeal was filed on Saturday, March 15, 2014 and will come up for hearing on March 20, 2014.
While Modi’s party BJP and many other parties were claiming that a court has given him clean chit, if the HC admits the petition it will bring Modi back to the square one.
“This will certainly affect the prime ministerial ambition of Narendra Modi. They are speaking lies daily that the court has given him clean chit,” said Dr Zafarul Islam Khan, president, All India Muslim Majlise Mushawarat.
“As the High Court will start proceeding, news will come about his role in Gujarat, and thus the lies that the court gave him clean chit will fall flat,” he adds
He welcomed Zakia’s move and appreciated the efforts of those who are supporting Zakia particularly Teesta Setelvad. Dr. Khan said if they don’t get justice at High Court, they should move the Supreme Court of India.
In her petition, Zakia has also prayed for the rejection of the closure report of the Special Investigation Team dated 8.2.2012. The Magistrate had, on 26.12.2013 rejected the Protest Petition filed by Zakia Jafri, assisted by Citizens for Justice and Peace, on 15.4.2013.
“The 540-page Criminal Revision Application has laid out substantive grounds for rejection of the Order of the Magistrate BJ Ganatra dated 26.12.2013. At the outset it points out the double faced role played by the SIT once the matter stopped being monitored by the Supreme Court and was completely handed over to the Crime Branch, Ahmedabad,” said Citizens for Justice and Peace.
Gujarat’s eminent civil rights activist J.S. Bandukwala is also hopeful that the final result will go in favour of Zakia. He, however, does not think the court will pass any judgment before election.
“Normally our Courts refrain from passing judgement, involving top politicians at election time. Inshallah this will change after the elections. It will go in the favour of Zakia Jafri. Justice in India is very very slow. But when the wheels turn, there is justice,” Bandukwala told India Tomorrow.
Jamaat-e-Islami Hind is also of the view that the fake propaganda of ‘clean chit’ will be demolished once the case starts at high court. Before final verdict of Supreme Court in a case, an accused cannot claim clean chit, said Jamaat. However, it feels Zakia’s move has nothing to do with election.
“She should get justice. Her move to approach Gujarat High Court has nothing to do with election. As lower courts are under pressure from the state authorities, it is difficult for one who is challenging the state to get justice. I hope she would get justice from the High Court. If she couldn’t she can move Supreme Court,” said Mohammad Salim Engineer.
“The propaganda of clean chit is fake and manipulated. One cannot use this term before the Supreme Court verdict if the victim party has challenged the lower court verdict. Modi is an accused and will remain so till the final orders of the Supreme Court.”
“We have deep faith in higher judiciary of the country. A day will come when justice will be delivered not only to Zakia Jafri but also to thousands of other victims of Gujarat riot 2002”, he said.
