SC dismisses plea for CBI probe into Godhra mass burial row

New Delhi, July 9 (PTI) The Narendra Modi government
in India's western state of Gujarat under judicial scanner for
its perceived role in post-Godhra communal violence Thursday
received a reprieve with the Supreme Court of India turning
down a plea for a Central Bureau of Investigation (CBI)
inquiry into alleged clandestine mass burial of 22 victims by
the state.

A bench of Justices B N Aggrawal and J M Panchal
dismissed the petition filed by Ammenabi Habib Rasool, a
family member of one the alleged victims who sought a probe
either by CBI or Special Invetigation Team (SIT) into the
alleged burial of the victims in March 2002.

The petitioner claimed that about 102 victims
belonging to the minority community were killed by mobs on
March 1, 2002, at Pandharwada and Limadiya Chowky area in
Godhra district during the riots. Out of those killed, 22
victims were buried by the authorities without the consent or
knowledge of the family members.

"After how many years have you come? Its seven years,"
the bench said tersely while dismissing the petition filed
through counsel Aparna Bhat.

According to the petitioner, a probe by CBI or any
other independent investigating agency like SIT constituted by
the apex court on post-Godhra violence was essential to
identify and prosecute the police and other persons
responsible for burial of the victims.

The apex court declined to entertain the plea of the
petitioner to direct Gujarat government to ensure that the
skeletal and other remains of the bodies exhumed from the site
and sent to Centre for DNA Fingerprinting and Diagnostics) be
forth with handed over to family members.

"Your are not remedy-less. Why do you want to come to
this court? You can go to the trial court for your relief,"
the bench said.

The apex court pointed out that since the trial court
had already passed a direction to the government in December
2008, for handing over the remains of the bodies to family
members it would be appropriate for the petitioner to approach
the same court if the orders were not complied with by the
state.

The Gujarat High Court had earlier dismissed the
petitioner's plea for a CBI probe into the alleged clandestine
burial, following which she approached the apex court.

In May this year, the Supreme Court had directed the
Gujarat government to set up six special fast track courts to
try post-Godhra riot cases. PTI RB