ZAKIA AHSAN JAFRI versus STATE OF GUJARAT & ANR.

Citation: [2022] 6 S.C.R. 1 · Decided: 24-06-2022 · Supreme Court of India · Bench: A.M. KHANWILKAR, DINESH MAHESHWARI, C.T. RAVIKUMAR · Disposal: Dismissed

Cited by 2 judgment(s) · cites 27 · see the full citation network in Lexace

Judgment (excerpt)

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ZAKIA AHSAN JAFRI
v.
STATE OF GUJARAT & ANR.
(Criminal Appeal No. 912 of 2022)
JUNE 24, 2022
 [A. M. KHANWILKAR, DINESH MAHESHWARI AND
C. T. RAVIKUMAR, JJ.]
Gujarat Riots – Godhra incident of 27.2.2002, in which large
number of Kar-sevaks, returning from Ayodhya, were burnt alive in
train bogies – As aftermath of that incident, there was unrest and
violence all across the State of Gujarat – A violent mob attacked
the inhabitants of one Gulberg Society, killing 69 persons including
the husband of appellant – Complaint dated 8.6.2006 of appellant
to Director General of Police, Gujarat and other high officials inter
alia containing allegations of “larger conspiracy at the highest level”
which resulted into causing mass violence across the State during
the relevant period – Such allegations founded on the alleged
utterances made by the then Chief Minister while addressing the
DGP, the then Chief Secretary and other senior officials of the State
– Towards this, reference made to meeting held on 27.2.2002 evening
in Gandhinagar, as testified in the affidavit of Mr. R.B. Sreekumar,
the then Additional Director General of Police (Intelligence) –
Reliance placed on report of a private panel of former Judges of
Supreme Court titled “Concerned Citizens Tribunal” which referred
to testimony before them of late Mr. Haren Pandya, former Minister
– Additionally, reliance placed on testimony of Mr. Sanjiv Bhatt,
the then Superintendent of Police (Security), who claimed to have
attended the meeting convened by the then Chief Minister on
27.2.2002 – Held: The testimony of Mr. Sanjiv Bhatt, Mr. Haren
Pandya and also of Mr. R.B. Sreekumar was only to sensationalize
and politicize the matters in issue, although, replete with falsehood
– There was a coalesced effort of the disgruntled officials of the
State of Gujarat alongwith others to create sensation by making
revelations which were false to their own knowledge – The falsity
of their claims had been fully exposed by the SIT (appointed by
Supreme Court) after a thorough investigation – To make out a case
of larger criminal conspiracy, it is essential to establish a link
[2022] 6 S.C.R. 1
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
indicative of meeting of minds of the concerned persons for
commission of the crime(s), committed during the relevant period
across the State – No such link is forthcoming, much less had been
unraveled and established in any of the nine cases investigated by
the same SIT under the directions of Supreme Court – In light of the
timely corrective measures taken by the State Government in right
earnest and repeated public assurances given by the then Chief
Minister that guilty will be punished for their crime(s), and to
maintain peace, it would be beyond comprehension of any person
of ordinary prudence to bear suspicion about the meeting of minds
of named offenders and hatching of conspiracy by the State at the
highest level, as alleged, much less grave or strong suspicion as
being the quintessence for sending the accused for trial for an
offence of criminal conspiracy – Breakdown of law-and-order
situation if for short duration, cannot partake the colour of
breakdown of rule of law or constitutional crisis – No fault found
with the approach of the SIT in submitting final report for discarding
the allegations regarding larger criminal conspiracy (at the highest
level) for causing and precipitating mass violence across the State
during the relevant period – Decision of the Magistrate in accepting
the final report submitted by the SIT, is upheld as it is and the protest
petition filed by the appellant is rejected – Submission of appellant
regarding infraction of rule of law in the matter of investigation
and the approach of the Magistrate and the High Court in dealing
with the final report, cannot be countenanced – Penal Code, 1860
– s.302 r/w s.120B, s.193 r/w s.114 and ss.185, 153A, 186 and 187
– Commission of Inquiry Act, 1952 – s.6 – Gujarat Police Act, 1951
– Human Rights Act, 1991.
 Constitution of India, 1950 – Art. 356 – Failure of
Constitutional machinery – Breakdown of law and order – When
made out – Held: Mis-governance or failure to maintain law-and-
order during a brief period may not be a case of failure of
constitutional machinery in the context of tenets embodied in Art.356
– There must be credible evidence regarding State sponsored
breakdown of law-and-order situation; not spontaneous or isolated
instances or events 

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