Zakia Jafri, widow of former MP Ehsan Jafri killed in the Gulberg Society carnage during the 2002 Gujarat riots, moved the Supreme Court in 2008 after the Gujarat high court dismissed her plea seeking registration of a murder and conspiracy case against Gujarat chief minister Narendra Modi and others.
The Supreme Court Monday asked the trial court hearing the carnage case to decide her complaint.
The high court had Nov 2, 2007, dismissed her plea for a direction to Gujarat police chief to register her private complaint dated June 8, 2006, as a first information report (FIR) and direct investigation by an independent agency.
After the carnage, an FIR relating to the incident was registered in Meghaninagar Police Station, Ahmedabad. After investigation, on the filing of the charge sheet, the case was committed to the court of sessions, Ahmedabad.
The high court said it was Zakia Jafri's contention that subsequently she received certain material which showed that the incidents which took place during the period between Feb 27, 2002 and May 10, 2002, were aided, abetted and conspired by some responsible persons in power, in connivance with the state administration, including police.
The court said she sought registration of another FIR against certain people named in her complaint for offences including murder, conspiracy offences and giving false evidence.
Police declined to take cognizance of her complaint and she filed the petition in the high court.
While dismissing Zakia's appeal, the high court said that "if the appellant (Zakia Jafri) had got certain additional material against some persons accused in her complaint, it was open to her to approach the investigating agency, requesting further investigation, or, alternatively she could herself approach the court concerned for further investigation".
Zakia Jafri's husband was among the 69 people killed Feb 28, 2002, in the Gulberg Housing Society of Ahmedabad when murderous, armed mobs attacked the residents a day after the train burning in Godhra.
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.
Zakia Jafri alleged inaction by 63 people, including the chief minister.