Prashant Bhushan: Another ‘Arresting’ Judgment in Favour of BJP and Narendra Modi
The arrest of human rights activist Teesta Setalvad and R.B. Sreekumar, the former additional director general police, by the Gujarat Anti-Terrorism Squad on the basis of a first information report (FIR) that copiously draws on the Supreme Court judgment in the Zakia Ehsan Jafri case is patently malafide.
The arrest came close on the heels of the Supreme Court judgment dismissing the challenge by the widow of late Congress leader Ehsan Jafri, to the closure report filed by the special investigation team (SIT), thereby discarding the allegations of a larger conspiracy by high state functionaries, in the Gujarat riots of 2002. The arrest was preceded by home minister Amit Shah’s coming down heavily on Setalvad, accusing her of giving baseless and false information about the Gujarat riots, soon after the Supreme Court’s clean chit to Prime Minister Narendra Modi.
The Supreme Court judgment gratuitously slams not only Zakia Jafri but also Setalvad and others by its totally unwarranted and incriminating remarks, saying, “All those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law.” Such an order is unprecedented for a constitutional court that is tasked as the custodian of people’s fundamental rights and is mandated to be a neutral arbiter of justice at the highest level. It is appalling for the Supreme Court to openly prod the authorities to bring to book those who fearlessly and selflessly undertook a difficult battle against the State and police authorities at all levels of the judiciary for many years, with the hope to bring justice to the victims of the 2002 Godhra riots.
A former Congress MP, Ehsan Jafri, was killed by a mob in the first wave of violence in Gujarat in 2002, along with 68 others when the Gulberg Society was attacked by a mob. He was killed despite his frantic calls for help to various police and state officials and a few minutes after he was visited by the commissioner of police, Ahmedabad, who had assured him protection.
Since then, his wife has been seeking a fair investigation to bring to justice those who were allegedly complicit in the riots that led to her husband’s death and especially those who were in charge of the state administration at that time.....
The arrest came close on the heels of the Supreme Court judgment dismissing the challenge by the widow of late Congress leader Ehsan Jafri, to the closure report filed by the special investigation team (SIT), thereby discarding the allegations of a larger conspiracy by high state functionaries, in the Gujarat riots of 2002. The arrest was preceded by home minister Amit Shah’s coming down heavily on Setalvad, accusing her of giving baseless and false information about the Gujarat riots, soon after the Supreme Court’s clean chit to Prime Minister Narendra Modi.
The Supreme Court judgment gratuitously slams not only Zakia Jafri but also Setalvad and others by its totally unwarranted and incriminating remarks, saying, “All those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law.” Such an order is unprecedented for a constitutional court that is tasked as the custodian of people’s fundamental rights and is mandated to be a neutral arbiter of justice at the highest level. It is appalling for the Supreme Court to openly prod the authorities to bring to book those who fearlessly and selflessly undertook a difficult battle against the State and police authorities at all levels of the judiciary for many years, with the hope to bring justice to the victims of the 2002 Godhra riots.
A former Congress MP, Ehsan Jafri, was killed by a mob in the first wave of violence in Gujarat in 2002, along with 68 others when the Gulberg Society was attacked by a mob. He was killed despite his frantic calls for help to various police and state officials and a few minutes after he was visited by the commissioner of police, Ahmedabad, who had assured him protection.
Since then, his wife has been seeking a fair investigation to bring to justice those who were allegedly complicit in the riots that led to her husband’s death and especially those who were in charge of the state administration at that time.....
https://thewire.in/law/zakia-jafri-case-supreme-court-favour-bjp-narendra-modi
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