The Supreme Court-appointed Special Investigation Team on Wednesday submitted report of its investigation against Gujarat Chief Minister Narendra Modi and others in a trial court hearing the 2002 Gulburg Society case in which 69 people were massacred during riots.
However, the SIT requested the trial court not to open the report, submitted in sealed covers, as the agency is set to challenge the trial court's order of production of report in the high court.
"Since the trial court has insisted for the production of the report, we have complied to it, but we are approaching the high court to grant us time to submit all relevant documents of our probe in Zakia's complaint to this designated court," Special Public Prosecutor R C Kodekar, who appeared for SIT, said.
"Earlier also we had requested the court for the deferment of production of copy of SIT report till the metropolitan court takes its final decision on our recommendations and findings in Zakia Jafri's complaint," he said.
The designated judge B J Dhandha granted one-month time to SIT to approach the high court, saying the court will open the report only after the high court has decided on the agency's plea and until then the report will be kept in sealed covers only and no cognisance will be taken.
As per the Supreme Court order, the SIT had earlier submitted its investigation report in the complaint of Zakia Jafri against Modi and 62 others, in a metropolitan court in Ahmedabad.
Sixty-nine people, including former Congress Member of Parliament Ehsan Jafri, were killed in the Gulburg Society during 2002 communal riots. The complainants, including the residents of the society, had moved the designated trial court, seeking directions to SIT to submit the investigation report.
The court in its last hearing had directed the agency to produce the report and relevant documents pertaining to the Gulburg trial by June 27.
During the arguments today, at one point when the prosecution was adamant not to produce all the documents in the trial court, the designated judge told the SIT, "You are not fighting a case against the victims."
Some of the victims cum witnesses of the Gulburg Society carnage, through their advocate S M Vora, had filed an application seeking the court direction to SIT to submit its report on further investigation carried out by it.
In November 2011, the SIT had given an undertaking stating that no sooner than the agency submits its final report on Zakia's complaint, it will also produce the report and relevant documents in the Gulburg case as well.
The complainants in the Gulburg case had filed another application last month recalling SIT's undertaking and the fact that the agency had already submitted its closure report in a metropolitan court.