The Supreme Court will on April 13 hear a plea of Zakia Jafri — wife of former MP Ehsan Jafri, who was killed during the Gujarat riots in 2002 —  challenging the clean chit given by the Special Investigation Team (SIT) to then Gujarat Chief Minister Narendra Modi.

Ehsan Jafri was among the 68 people killed at Gulberg Society in Ahmedabad on February 28, 2002, a day after the S-6 Coach of the Sabarmati Express was burnt at Godhra killing 59 people and triggering riots in Gujarat.

On February 8, 2012, the SIT filed a closure report giving a clean chit to then Chief Minister Modi and 63 others, including senior government officials, saying there was “no prosecutable evidence” against them.

Zakia Jafri had filed a petition in the high court against the SIT order, which was rejected on October 5, 2017 and the order said the SIT probe was monitored by the Supreme Court. However, it partly allowed Zakia Jafri’s petition as far as its demand of a further investigation was concerned.

Zakia Jafri then moved the top court in 2018 challenging the Gujarat High Court’s order. Her plea also said that after the SIT gave a clean chit in its closure report before a trial judge, the petitioner filed a protest which was dismissed by the magistrate without considering “substantiated merits”. She added that the high court “failed to appreciate” the petitioner’s complaint which was independent of the Gulberg case registered at Meghaninagar Police Station.

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A bench headed by Justice A M Khanwilkar took note of the request of senior advocate Kapil Sibal, appearing for Jafri, that the matter be heard sometime in April as several advocates are busy in the Maratha reservation case being heard presently by a five-judge Constitution bench.

However, Solicitor General Tushar Mehta, appearing for the Gujarat government, opposed the plea for adjournment and sought hearing of the case next week.     Senior advocate Mukul Rohatgi, appearing for the SIT (Special Investigation Team) also opposed the letter for adjournment, and said the matter should be decided.  “Put this case for hearing on April 13. No request for adjournment will be entertained,” ordered the bench which also comprised Justices Dinesh Maheshwari and Krishna Murari.

The top court, in February last year, had fixed the case for hearing on April 14, 2020 saying the matter had been adjourned many times and will have to be heard someday.

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In the hearing on March 16, senior advocate Kapil Sibal, appearing for Jafri said that the lawyers were busy in Maratha reservation matter before the Constitution bench and the hearing should be adjourned to a later date. Senior advocate Mukul Rohatgi, appearing for the SIT, contended that the matter should be heard. The court, by consent, posted the matter for hearing on April 13.