The court said that the petitioner can approach a higher court for further investigation in the case.
A special investigation team (SIT) on Wednesday submitted a charge sheet against activist Teesta Setalvad, retired director general of police R B Sreekumar and former IPS officer Sanjiv Bhatt in a case of alleged fabrication of evidence in connection with the 2002 Gujarat riots cases.
The Supreme Court Tuesday said it would hear on October 26 a plea filed by Zakia Jafri, the wife of slain Congress leader Ehsan Jafri, challenging the Special Investigation Team (SIT) clean chit to Narendra Modi, who was the Gujarat chief minister during the 2002 riots in the state.
The court is likely to give its order on Tuesday on the bail pleas of Sreekumar and co-accused Setalvad, who are currently in judicial custody.
The Mumbai-based activist, currently in jail in Gujarat, has sought bail.
'There appears to be no end to the errors that our leaders are willing to commit and no risk they are unwilling to run,' notes Mihir S Sharma.
A sessions court in Ahmedabad on Saturday rejected the bail applications of activist Teesta Setalvad and former director general of police R B Sreekumar, arrested for allegedly fabricating documents to 'frame innocent people' in 2002 riots cases.
The Congress on Monday termed as "deeply disappointing" the Supreme Court ruling upholding the SIT's clean chit to then Gujarat chief minister Narendra Modi and 63 others in the 2002 communal riots, and asked whether Modi and the state government will ever be held accountable.
The bench said it will look into the application before hearing the matter on making Setalvad as the second petitioner in Jafri's plea.
A bench headed by Justice A M Khanwilkar upheld the Special Metropolitan Magistrate's order rejecting Jafri's protest petition against the closure report filed by the SIT.
The government may ask the Central Bureau of Investigation to probe the alleged transfer of funds by the Ford Foundation to activist Teesta Setalvad's Sabrang Communication and Publishing Pvt Limited.
Zakia, the wife of Ehsan Jafri, an ex-MP who was killed in one of the worst incidents during the riots, has challenged the Gujarat high court's October 5, 2017 order rejecting her plea against the SIT's decision.
A special trial court in Gujarat on Friday acquitted all six accused in the 2002 post-Godhra riots case in which three British nationals and their Indian driver were killed at Prantij town in Gujarat's Sabarkantha district, for want of evidence against them.
There was no material to substantiate claims of any larger conspiracy in the 2002 Gujarat riots and the idea behind alleging that the violence was state-sponsored is to keep the 'pot boiling' which showed 'sinister signs,' the special investigation team told the Supreme Court on Wednesday.
'They don't want anybody to stand up and support the vulnerable sections of society who may be targeted.'
'Little about this regime, given its vindictive credo, is a complete surprise. But we were still taken aback by the CBI raid as it was a complete abuse of due process.' 'These are not legal inquiries, but abusive use of State power. They are not legitimate investigations, but a witch-hunt.' 'Ours is a typical, classic case of the State and its organs being used as an outlet for motivated vendetta of the vilest kind.'
Terming the 2002 incidents of Godhra and subsequent riots as a "national tragedy of gargantuan proportions", Sibal said the petitioner is concerned with how the majesty of the law will deal with such issues when men "behave like animals".
A bench of Justices A M Khanwilkar and Deepak Gupta said the matter will be heard on November 19, as the court has not gone through the petition in detail.
Additional metropolitan magistrate MV Chauhan committed the case to the sessions court in Ahmedabad for trial against Setalvad, former state director general of police RB Sreekumar and ex-Indian Police Service officer Sanjiv Bhatt.
In a big relief to activist Teesta Setalvad, the Supreme Court on Wednesday granted her regular bail in a case of alleged fabrication of documents to frame innocent people in the 2002 post-Godhra riot cases while terming as "perverse" and "contradictory" the Gujarat high court order denying her bail.
'The SIT did not follow up with the CD of the phone call recordings that could have helped it find who were leading the mobs and where the calls of people involved in the rioting originated from and terminated.'
'I don't think there is a need to order a fresh investigation into the complaint against Modi & Co. As the amicus curiae Raju Ramachandran said in his report to the Supreme Court, the existing material is more than sufficient to prosecute Modi and other high-ups of his regime,' Manoj Mitta, author of the book The Fiction Of Fact-Finding: Modi and Godhra tells Rediff.com's Prasanna D Zore.
The special court hearing the Gulburg society riot case has asked the special investigation team to submit a copy of its final report in the case as and when the report is submitted to the magisterial court.
A day after an Ahmedabad court accepted the Special Investigation Team's closure report giving clean chit to Narendra Modi in the Gulberg Society massacre case, the Bharatiya Janata Party on Friday demanded an apology from the Congress for carrying out a "vilification campaign" against him after the Gujarat riots.
'We are losing the battle of secularism, but we have not lost.'
Suspended IPS officer Sanjiv Bhatt has written an open letter to Gujarat Chief Minister Narendra Modi, saying the Bharatiya Janata Party stalwart has "completely misconstrued" the order passed by the Supreme Court in the Gulberg Housing Society riot case of 2002.
'Will this communal pendulum, which is swinging towards the extreme of division and violence, ever swing back to its position of the '60s and '70s within my lifetime?' 'Or will my children, and their children, have to continue to suffer the consequences of the country, that we all love, torn apart along communal lines,' asks Najid Hussain in anguish.
'I fight for anyone who is poor, marginalised or victimised.' 'If a Dalit factory owner is inflicting atrocities on his Brahmin worker, then I will fight for the poor Brahmin.'
'Since Modi is walking a tightrope between two worlds -- one of the saffron brotherhood and the other of the proposed smart cities and bullet trains -- it is understandable why he is averse to scrutiny lest he loses his balance by tilting too heavily on one side or the other. But, why has Sonia Gandhi acquired the reputation of a sphinx,' asks Amulya Ganguli.