Gulbarga-massacre - Litigating hand

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.