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The protest petition filed by Zakia Jaffery, wife of slain ex-Congress MP Ehsan Jaffery, has also sought further investigation into role of Modi by an independent agency other than SIT.
Metropolitan Magistrate B J Ganatra, hearing the petition, has decided to hear it on day to day basis from April 24.
Zakia, whose husband was among the 69 killed in the Gulburg society riots of 2002, has demanded rejection in toto of the SIT closure report filed in the same court on February 8, 2012.
She has further sought that a chargesheet be filed against all the 59 accused including Modi, named in her original complaint which she had filed on June 8, 2006 before the Supreme Court.
In her petition Zakia has claimed that communal violence in 2002 was a cold blooded conspiracy and was planned and executed by Modi along with his cabinet colleagues and other co-accused including VHP leaders. Zakia in her complaint had sought prosecution of Modi, along with 58 others, for aiding and abetting 2002 post-Godhra communal riots in which more then 1,200 people had lost their lives.
The petition also demands that there should be further investigation in the case and it should not be handed over to the Supreme Court appointed SIT, which is headed by former CBI director R K Raghavan, but should be transferred to an independent agency.
The 514 pages protest petition was submitted before the court with three volumes of annexures and 10 CDs.
Petitioner had alleged that the SIT had adequate documents and statements to come to a conclusion against all the accused, however the agency decided to cover up the crimes and misled the court by giving clean chit to Modi and others.
After the SIT had submitted its final report to the Supreme Court, which was monitoring the investigations, the apex court had directed it to file the closure report before a local court in the city and provide all papers related to probe to the petitioner Zakia so that she can file a protest petition if required.
Supreme Court, in its order dated February 7, has allowed Zakia to file a fresh protest petition and had also directed that she be supplied with entire report of the inquiry by the SIT in her complaint to enable her to file the protest petition.
