Judge Sonia Gokhani of the Gujarat HC has partly allowed the criminal revision application filed by ZakiaJafri challenging Magistrate BG Ganatra’s Order of December 26, 2013 accepting the SC appointed Special Investigation Team (SIT) ‘s Closure of February 8, 2012 and refusing to order Further Investigation. The Court has said that the Magistrate was wrong in holding that the Magistrate had no power under law to order further investigation. The ZakiaJafri complaint of June 8, 2006 had presented material and evidence to show that there was a criminal conspiracy into the perpetrated violence unleashed in Gujarat in 2002.
The Court however, relying on adverse comments of the Supreme Court in ex IPS officer Sanjiv Bhatt’s case, refused to accept the arguments on criminal conspiracy.
CRA 205/2014 has therefore been partly allowed. The petitioners have the leave to either go back to Magistrate or to the High Court (where Gulberg Appeal is being heard)
Unlike media representations so far, the matter will now be left to the petitioners to further agitate.
The Judgement in the ZakiaJafri Case –a criminal revision application filed by the survivor, ZakiaJafri, earlier been deferred. That day asked the SIT counsel, RatanKodekar to be present as she wished certain c;arifications.
Thereafter, after sitting again, first at 1 p.m. and then again at 2.30 p.m., counsel Mihir Desai (for ZakiaJafri) and SIT counsel, Vaidyanathanwere asked to remain present They were present on September 8. Earlier the judgement had been fixed for Orders on August 21, 2017 and thereafter on September 26.
Judge Gokhani read out only operative parts of the Order today..
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JUDGEMENT DAY, Tracing Chain of Command Responsibility for 2002: ZakiaJafri Case