Saturday, October 28, 2017

ZAKIA JAFRI CASE EXPLAINED: Four Part Intervew with Senior Counsel, Mihir Desai



Part 1: Want to Know About the Background of the Zakia Jafri Case, Listen to her Counsel, Mihir Desai

In the first of a four part interview, senior counsel, Mihir Desai traces the background of the famed Zakia Jafri case that began with a 119-page criminal complaint to the Gujarat police on June 8, 2002. This complaint was backed with 2,000 pages of solid evidence that included affdiavits of senior police officers filed before the Nanavaty Commission.



Part II: Want to Know How the SC Dealt with the Zakia Jafri Case, Listen to Her Counsel, Mihir Desai


In the second part of the a four part interview, senior counsel , Mihir Desai explains how the Supreme Court deals with the complicated issues in the Zakia Jafri case, given the enormity of evidence. After the Supreme Court remands the case back to the Magistrate (12th September, 2011), Zakia Jafri is given the right to file a protest petition if the SIT files a closure report. She has to again approach the Supreme Court to get the complete investigation papers. Thereafter she files a protest petition on April 15, 2013 in which she essentially makes three prayers. One that the protest petition itself contains enough evidence for the Magistrate to take cognisance, direct process and prosecution of the case, second in any case of not satisfied with the closure, the Magistrate has enough powers to order further investigation. The Magistrate rejects both prayers and the second on the ground that he has no powers to order further investigation.




Part III: Want to Know What Evidences Were Unearthed in the Zakia Jafri Case?

In the third of the four part interview, senior counsel, Mihir Desai traces the wealth of evidence that indicates the chain of command responsibility and criminal conspiracy behind the genocidal carnage in Gujarat 2002. He also explains how the evidence of Sanjiv Bhatt was never a pillar of either the criminal complaint files by Zakia Jafri on June 8, 2006 neither of the protest petition. Even the issue of te controversial meeting at the then chief minister's residence on fe bruary 27, 2002 hinged on the evidence of former minister, Haren Pandya who had deposed before the Concerned Citizens Tribunal, Crimes Against Humanity, Gujarat 2002.

 

Want to Dig Further and Understand the Legal Technicalities in the Zakia Jafri Case?

Senior counsel, Mihir Desai explains how two FIRs can be filed in matters of grave crimes and how courts have appraoched the issue of larger conspiracy.