Supreme Court rejects Zakia Jafri’s charges against Narendra Modi and 60 officials in 2002 Gujarat riots
Zakia Ahsan Jafri vs. State of Gujarat & Anr., Crl. A. No. 912/2022
RELEVANT PARAGRAPH
89. To sum up, we are of the considered opinion that
no fault can be found with the approach of the SIT in submitting final report
dated 8.2.2012, which is backed by firm logic, expositing analytical mind and
dealing with all aspects objectively for discarding the allegations regarding
larger criminal conspiracy (at the highest level) for causing and precipitating
mass violence across the State against the minority community during the
relevant period. As aforementioned, the SIT has gone by the logic of falsity of
the information or material and including the same remaining uncorroborated. In
that, the materials collected during the investigation do not give rise to
strong or grave suspicion regarding hatching of larger criminal conspiracy at
the highest level for causing mass violence across the State against the
minority community and more so, indicating involvement of the named offenders
and their meeting of minds at some level in that regard. The SIT had formed its
opinion after considering all the materials collated during the investigation.
The question of further investigation would have arisen only on the
availability of new material/information in connection with the allegation of
larger conspiracy at the highest level, which is not forthcoming in this case.
Hence, the final report, as submitted by the SIT, ought to be accepted as it
is, without doing anything more.
90. The Magistrate, upon presentation of final report
could have exercised different options – as predicated in Abhinandan Jha, Bhagwant
Singh, Popular Muthiah and Vishnu Kumar Tiwari. However, the Magistrate in the
present case, after applying his mind independently to the final report dated
8.2.2012 and the materials appended thereto, chose to accept the same as it is,
without issuing any other direction to the SIT.
91. After cogitating over the matter, we uphold the
decision of the Magistrate in accepting the stated final report dated 8.2.2012
submitted by the SIT, as it is and rejecting the protest petition filed by the
appellant. We do not countenance the submission of the appellant regarding
infraction of rule of law in the matter of investigation and the approach of
the Magistrate and the High Court in dealing with the final report.
92. Accordingly, we hold that this appeal is devoid
of merits and resultantly, deserves to be dismissed in the aforementioned
terms. We order accordingly.