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This is an archive article published on February 9, 2010

Godhra: SC seeks Raghavan’s reply on reconstitution of SIT

The Supreme Court on Tuesday directed R K Raghavan,head of SIT probing post-Godhra communal riots in Gujarat,to file his comments on the demand for reconstitution of the team accused of bias and lapses.

The Supreme Court on Tuesday directed R K Raghavan,head of the Special Investigation Team (SIT) probing post-Godhra communal riots in Gujarat,to file his comments on the demand for reconstitution of the team accused of bias and lapses.

A three-judge bench of Justices D K Jain,P Sathasivam and Aftab Alam granted two weeks for Raghavan to file his response on the application and additional affidavit filed on behalf of certain victims who attributed bias to Gujarat Inspector General of Police Geeta Johri and two other officers who are part of SIT.

Solicitor General Gopal Subramaniam,appearing for the Centre,also made a strong plea for re-constituting the SIT in the wake of certain adverse remarks made by the apex court on the role of Geeta Johri earlier in Sohrabuddin fake encounter case. Johri is also a member of the SIT constituted by the apex court on March 26,2008. However,the apex court remarked “she (Geeta Johri) is not indispensable to the case” after amicus curaie (officer appointed to assist court) Harish Salve submitted that removing the lady officer at this juncture could hamper the progress of the trial.

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However,the bench rejected the fresh plea for a CBI probe as sought by counsel Kamini Jaiswal on behalf of one of rights activists. “Please don’t raise that plea. That is a closed chapter. The investigation has already progressed and the trial commenced. It will be like putting the clock back,”the apex court said. PTI RB “Don’t you think on the basis of the observations,her position becomes untenable?” We are conscious of the gravity of the case,” the bench said,to which Salve agreed that he had no problem if Geeta Johri was removed from the SIT.

While Johri had faced some adverse remarks in Sohrabuddin encounter case,two other police officers Shivanand Jha and Ashish Bhatia,who are also part of the SIT,are accused of conniving with the accused during the 2002 riots. Both Subramaniam and Kamini Jaiswal,reading out portions from the application and affidavit,alleged the SIT was not producing various crucial evidence before the trial court in order to shield the accused.

They submitted several people,including Chief Minister Narendra Modi,Chief Secretary Chaturvedi who were all allegedly part of the conspiracy to create communal disturbances,were not questioned by the SIT,which amounted to serious lapses. It was submitted that due to the alleged bias and lapses of the SIT members,the trial court was forced to issue a direction to the investigating agency to furnish all evidence before it.

Insisting that the SIT should be reconstituted,the Solicitor General said the credibility of the investigating agency was at stake as it “was holding back evidence” from the trial court. According to the Solicitor General,several crucial evidence,including the 203-odd telephone calls made by former Member of Parliament Ehsan Jaffri to the police control room and various police officers including DGP P C Pandey before being burnt alive,were all withheld from the trial court.

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