New Delhi, Sep 12 (IANS) The Supreme Court Monday asked the trial court hearing the case of Gulberg Society carnage during the 2002 Gujarat riots to decide on the complaint by Zakia Jafri, widow of former MP Ehsan Jafri killed in the incident, against Gujarat Chief Minister Narendra Modi and others.


The petition alleged deliberate inaction on part of the Gujarat chief minister, his cabinet colleagues and some high-ranking state officials in preventing the carnage.

The apex court bench of Justice D.K. Jain, Justice P. Sathasivam and Justice Aftab Alam said that the trial court before deciding on the complaint by Zakia Jafri, will issue her a notice and afford her an opportunity to be heard.

The court also asked the special investigation team (SIT) headed by former Central Bureau of Investigation (CBI) director R.K. Raghavan to file its status report before the trial court, which had taken cognizance of the Gulberg Society carnage.

Bringing the curtain down on the apex court's monitoring of the SIT probe into the case, the apex court judges said: "We are of the opinion that in the instant case we have reached a stage where the process of monitoring of the case must come to an end."

Amicus curiae (friend of the court) Raju Ramachandran's report, which differed with the findings of the SIT, is also to be referred to the trial court magistrate.

The apex court said that "before submission of its report (to the trial court), it will be open to the SIT to obtain from the amicus curiae copies of his reports submitted to this court".

After that, the magistrate will take a final call on the alleged involvement of people named in the first information report.

Referring to an earlier judgment of the apex court, the order said that the court was concerned with ensuring proper and honest performance of its duty by the investigating agency and not with the merits of the accusations related to the probe. These, it said, were to be determined at the trial stage on the filing of the charge sheet.

The apex court said that if for any reason the SIT recommended the closure of the case against any person named by Zakia Jafri, the trial court would do so after issuing notice to her and giving her an opportunity of raising objections and being heard.

"...If for any stated reason the SIT opines in its report, to be submitted in terms of this order, that there is no sufficient evidence or reasonable grounds for proceeding against any person named in the complaint, dated June 8, 2006, before taking a final decision on such 'closure’ report, the (trial) court shall issue notice to the complainant and make available to her copies of the statements of the witnesses, other related documents and the investigation report strictly in accordance with law as enunciated by this court…," the order said.

The judges said that it was incumbent upon the magistrate or the trial court to give an opportunity to the complainant if it decided not to take cognizance of a complaint or drop proceedings after the consideration of the report by the investigating agency.

Ehsan Jafri was among the 69 people killed Feb 28, 2002, in the Gulberg Housing Society of Ahmedabad when murderous, armed mobs attacked, a day after the train burning in Godhra.

Initially, the government said that 38 people had been killed in Gulberg Society. This was later revised to 69 after the SIT deemed in 2009 that all those missing would be counted amongst the dead.

Ehsan Jafri, a former Congress parliamentarian made numerous requests to police, political leaders, the Chief Minister's Office and his well wishers when the society was attacked. But no one came to his rescue.

On April 27, 2009, the apex court asked the SIT to look into the complaint of Zakia Jafri who alleged inaction by 63 people, including the chief minister.