The Supreme Court said on Monday it would consider recalling its order for a probe into the role of Gujarat Chief Minister Narendra Modi and 62 others in the 2002 riots in the state by a Special Investigation Team (SIT).
“We will consider if this order in its entirety is to be continued
or recalled,” a three-judge bench headed by Justice D.K. Jain said, following the plea of BJP MLA Kalubhai Maliwad, who has challenged the order.
Appearing for Maliwad, counsel Ram Jethmalani argued that the complaint by Zakia Jafri, wife of slain Congress leader Ehsaan Jafri, was handed over to the SIT without hearing any of the 63 accused.
Ehsaan Jafri was killed in the riots at the Gulbarg Society and in her complaint, Zakia has accused Modi and 62 others of helping the rioters.
“Every person has a right to be heard. To send all cases of the 63 persons to SIT without hearing them out was against the settled principals of law,” said Jethmalani.
A bench headed by Justice Arijit Pasayat had passed the controversial order on April 27, 2009 entrusting the SIT to probe the Gulbarg Society massacre in Ahmedabad.
But Modi will still have to appear before the SIT on March 21 as the apex court said it would take up Maliwad’s petition only after April 5.