The Supreme Court on Tuesday asked the Gujarat government to furnish without delay all documents, including the alleged inflammatory speeches made by Chief Minister Narendra Modi, to the Special Investigation Team probing the post-Godhra 2002 communal riots in the state.
A bench of Justices D K Jain, P Sathasivam and Aftab Alam rejected the state government's argument that the documents sought by SIT may not have relevance to investigations.
"According to SIT, the statement made by the chief minister has some relevance. What is wrong if you make it available," the bench said while directing the Gujarat government to hand over without further delay all documents required by SIT.
The apex court passed the direction on the basis of an interim report submitted by SIT, headed by former Central Bureau of Investigation Director R K Raghavan, complaining that certain documents relevant to the ongoing probe were not being furnished by the state government despite requests.
The documents allegedly being denied by the government included transcripts of an allegedly inflammatory speech made by Modi in September 2000 after the Godhra train carnage. The bench also declined to grant the five-month time sought by SIT to submit its reports and asked the probe team to submit its report to the court by April 30.
Solicitor General Gopal Subramaniam said the apex court could also examine the idea of reconstituting SIT in the wake of a recent judgment of the court in Sheikh Sohrabuddin fake encounter case, in which it had passed certain adverse remarks against one of its members and Inspector General of Police Geeta Johri, who is part of the SIT.
The apex court had passed adverse remarks against Johri in the case and had also directed the CBI to take over investigations from the Gujarat police. The apex court agreed to examine the solicitor general's submission and posted the case for further hearing to February 9.
An application filed by rights activist Devendrabhai N Pathak is already pending before the bench, in which a plea has been made for re-constitution of SIT, on the ground that the probe was not proceeding in the right direction.
However, at the previous hearing, the apex court had expressed the view that it was satisfied with the progress of the investigation, even as it sought the views of both Gopal Subramaniam and senior counsel Harish Salve, who is assisting the bench as amicus curaie in the matter.
The SIT, constituted on March 26, 2008, was asked to investigate cases relating to the Godhra carnage, in which 59 people were killed, and subsequent riots in places like Godhra, Gulbarg Society in Ahmedabad, Naroda Gaon, Naroda Patiya and Sardarpura. Besides Raghavan, other members of SIT are former Director General of Police of Uttar Pradesh C P Satpathy and three senior IPS officers from Gujarat -- Geeta Johri, Shivanand Jha and Ashish Bhatia.
