In A reprieve to the Modi government in Gujarat, the Supreme Court on Thursday refused to order a CBI inquiry into alleged mass burial by the state of 22 post-Godhra riot victims.

Annoyed at the belated move by the petitioner, Ammenabi Habib Rasool, a family member of one of the alleged victims, the court asked: “After how many years have you come? It’s seven years.” The Bench comprising Justice B N Aggrawal and Justice J M Panchal then dismissed the petition filed through counsel Aparna Bhat.

The petitioner, who sought a probe either by the CBI or the Special Invetigation Team (SIT) into the alleged burial of the victims in March 2002, claimed about 102 victims from the minority community were killed by mobs on March 1, 2002, at Pandharwada and Limadiya Chowky area in Godhra district. Out of those killed, 22 victims were buried by the authorities without the knowledge of the family members, she said, adding that an impartial and independent probe was essential to identify and prosecute those responsible for the burial.

However, the court said since the trial court had already passed directions to the government in December 2008 for handing over the remains of the bodies to family, it would be appropriate for the petitioner to approach the same court if the orders were not complied with by the state. “You are not remedyless. Why do you want to come to this court? You can go to the trial court for relief.”

The Bench also refused to issue any direction to the state government to ensure that the skeletal and other remains of the bodies exhumed from the site and later sent to Centre for DNA Fingerprinting and Diagnostics be forthwith handed over to family members. The Gujarat High Court had earlier dismissed the petitioner’s plea for a CBI probe into the alleged clandestine burial, following which she approached the apex court.