LAWS(GJH)-2017-10-47

ZAKIA AHSAN JAFRI Vs. SPECIAL INVESTIGATION TEAM - SIT

Decided On October 05, 2017
Zakia Ahsan Jafri Appellant
V/S
Special Investigation Team - Sit Respondents

JUDGEMENT

(1.) This revision application is preferred, under Sec. 397 read with sections 401 and 482 of the Code of Criminal Procedure, 1973 by the applicant revisionist, Ms. Zakia Ahsan Jafri, aggrieved by the judgment and order passed by the learned Metropolitan Magistrate, Dated 26.12.2013, in relation to the directions issued by the Honourable Apex Court in Special Leave Petition (Criminal) No. 1088 of 2008 and clarificatory order rendered in SLP 8989 of 2013 dated 07.02.2013 in connection with the complaint dated 08.06.2006 made by the present applicant in pursuance of the directions issued by the Apex Court on 12.09.2011 and 07.02.2013. FACTS OF THE CASE:

(2.) Factual matrix leading to the present revision application shall be needed to be capsulised at this stage. In the aftermath of the Godhra incident of 27.02.2002(where due to burning of the train, 59 persons were killed), the violence racked 14 districts of the State of Gujarat, leading to loss of thousands of lives and also registration of various complaints in different parts of the State. National Human Rights Commission, New Delhi (for short, 'NHRC'), gave its interim report between 01.03.2002 to July, 2002 and Shri K.P.S. Gill, in the month of May, 2002, was sent by the Central Government to quell the disturbance, which continued for a long time.

(3.) In nutshell, it can be said that considering the discharge of duties by the SIT in all these matters, it was directed to continue the monitoring till the completion of the trial in each of these cases. The SIT was also to complete the pending investigation and also permitted further investigation, if any required in the course of trial. It was also permitted to file supplementary charge-sheets in the cases concerned, where, the SIT found further material or identified other accused persons. The Chairman of the SIT was also directed to keep the track of the progress of the trials and to submit quarterly reports to the Apex Court with a specific permission to move the Apex Court for any further direction, if, found necessary. The Court also dealt with the issue of witness protection in extensor.