Didn’t cite 2002 riots larger conspiracy while deposing in Gulberg case since only was witness: Zakia to SC

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Zakia Jafri, wife of late Congress MP Ahsan Jafri who was killed during the 2002 post-Godhra riots, on Wednesday told Supreme Court that she had not spoken about her allegations of a larger conspiracy behind the riots while deposing in the trial of the Gulberg Society killings case, as she was only a prosecution witness and not complainant in that case.

Senior advocate Kapil Sibal, who appeared for Jafri, told a bench headed by Justice A M Khanwilkar that being a prosecution witness, she had to confine her statements to what she knew about the particular case.

He added that Jafri could not have relied on what she had said in her own 2006 complaint, as that was not cited in the Gulberg Society chargesheet. “She cannot rely on a document that was not cited in the chargesheet,” Sibal told the bench.

The court is hearing Jafri’s appeal challenging the Gujarat High Court order upholding the decision of the Metropolitan Magistrate Court in, Ahmedabad, to accept the closure report filed by the SIT, which gave a clean chit to then Gujarat CM Narendra Modi and others in riot-related cases despite its protest petition.

Sibal said he was not going into certain developments of February 27, 2002, as some of the facts are disputed, “but my contention that there was a larger conspiracy stands. This required an investigation…”

Sibal contended that the closure report is only an opinion and not acquittal. “Whether justice is done or not done will be tested by future generations.”

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