Activist Teesta Setalvad is a petitioner in the case being heard in the Supreme Court
There is a larger conspiracy "orchestrated" by social activist Teesta Setalvad to defame Gujarat for almost two decades, the state government told the Supreme Court on Thursday while arguing on a petition relating to the 2002 riots.
Solicitor General Tushar Mehta, appearing for Gujarat, told a bench headed by Justice AM Khanwilkar that he has nothing to say against Zakia Jafri as she lost her near and dear ones but there has to be a "limit of exploiting" the miseries of a widow.
Zakia Jafri, the wife of Congress leader Ehsan Jafri who was killed at the Gulberg Society in Ahmedabad on February 28, 2002, during the violence, has challenged the clean chit by a Special Investigation Team (SIT) to 64 people including Narendra Modi, then Gujarat Chief Minister.
Senior advocate Mukul Rohatgi, appearing for the SIT, argued that the allegations about a larger conspiracy during the riots are being "driven" by Teesta Setalvad who is petitioner number two in the plea filed by Zakia Jafri in the Supreme Court.
"My respectful submission is that there is a larger conspiracy orchestrated by petitioner number two (Teesta Setalvad) to defame one entire state for almost 20 years," Tushar Mehta told the bench, also comprising Justices Dinesh Maheshwari and CT Ravikumar.
"I have nothing against petitioner number one (Zakia Jafri), she is wounded, and she has lost her near and dear ones. I can have nothing to say against her. But, and I am choosing my words very carefully, there has to be a limit of exploiting the miseries of a widow," he said.
Mr Mehta told the bench that the SIT had periodically filed status reports before the top court and in the last one, it was "at pains" to point out that Ms Setalvad was "tutoring witnesses, was preparing pre-typed computerised statements and sending them".
"And it has remained my complaint from the beginning why the SIT did not prosecute her for fabricating false evidence. This is nothing but fabricating false evidence," he said during the arguments, which will now continue on December 7.
This is nothing but fabrication of evidence to involve "innocent persons" in the offence, Mr Mehta said.
"What is the cause, what is the reason, what is the motivation, what is that larger conspiracy which compels them to still keep the pot boiling," he said.
Tushar Mehta also referred to the Gujarat High Court order passed in a separate matter dealing with allegations of misappropriation of funds received by the NGOs of Ms Setalvad for the 2002 riot victims.
Mukul Rohatgi argued that a "quietus" must be given to all this to bring an end as there is nothing to substantiate the allegations of larger conspiracy during the riots and SIT had conducted a thorough investigation on the complaint filed by Zakia Jafri in 2006.
He said that allowing Zakia Jafri's plea will lead to great injustices as there is no error in the orders passed by the courts below.
"I submit it is only being driven by petitioner number two (Teesta Setalvad). It is not being driven by this lady and it is evident from her statement that she said whatever petitioner two had told her," Mr Rohatgi said.
He referred to the sequence and said the riots happened in 2002 while Zakia Jafri had filed a complaint in 2006 alleging larger conspiracy.
The bench observed that in criminal justice, the accused also has a right to fair trial and finality of proceedings.
"No one, who is accused of an offence, should go scot-free without a fair trial. At the same time, the accused also has a right of fair trial and finality of the proceedings," the bench said.
Zakia Jafri's counsel had earlier argued that her complaint of 2006 was that there was "a larger conspiracy where there was bureaucratic inaction, police complicity, hate speeches and unleashing of violence".
Ehsan Jafri, the former Congress MP, was among 68 people killed in the violence, a day after the Godhra train incident.
On February 8, 2012, the SIT had filed a closure report giving a clean chit to Narendra Modi, now the Prime Minister, and 63 others including senior government officials, saying there was "no prosecutable evidence" against them.
Zakia Jafri had filed a petition in the top court in 2018 challenging the Gujarat High Court's October 5, 2017 order rejecting her plea against the SIT decision.
The high court in its October 2017 order had said the SIT probe was monitored by the Supreme Court.
However, it partly allowed her petition as far as its demand for a further investigation was concerned saying she can approach an appropriate forum, including the magistrate's court, a division bench of the high court, or the Supreme Court seeking further investigation.