The Gujarat High Court Friday dismissed the petition seeking stay on chief minister Narendra Modi's investigation and 62 others in the 2002 post-Godhra riots case. Justice D H Vaghela dismissed the petition filed by former BJP MLA Kalu Malivad (one of the 62) stating that no relief could be granted in the case as the Special Investigation Team (SIT) was directly working under the supervision of the Supreme Court. The court ruled that the SIT probing the riots is free to call Modi on a petition filed by Zakia Jaffrey, whose husband ex-MP Ehsan Jaffrey was killed during the 2002 riots in Gulburg society along with 39 others. Zakia Jaffrey has alleged in her complaint that Modi, his cabinet colleagues, police officials and senior bureaucrats aided the post-Godhra riots of 2002. Malivad's lawyer S B Vakil had submitted that Zakia's complaint was “vague where allegations have been made against high profile people”. He said that SC had ordered SIT to “look into” the complaint which does not empower it to conduct investigation. Vakil argued that SIT in the name of preliminary inquiry was conducting investigation by summoning witnesses and recording their statements. He claimed summoning of witness and recording of statement was not part of preliminary inquiry, but was that of investigation, which SIT is not empowered to do. The Gujarat High Court had on April 21 this year reserved the order on the petition challenging post-Godhra probe by SIT against Narendra Modi and 62 others, till July 24.
