New Delhi, March 16: Ram Jethmalani on Monday came to the defence of Gujarat chief minister Narendra Modi.
He questioned the legality of a Supreme Court order directing the Special Investigation Team ( SIT) on Gujarat riots to probe the involvement of Modi and 62 others even without hearing them.
In what could give a boost to Modi, his colleagues and several state government officials whose role was under the scanner, an SC bench comprising Justice D. K. Jain, Justice P. Sathasivam and Justice Aftab Alam assured Jethmalani that it would look into the matter.
Days after the SIT issued summons to Modi in connection with a riot case, Jethmalani argued on behalf of an MLA before the bench that the April 27, 2009, order was issued without following procedure and should be recalled.
He pointed out that a bench presided by Justice Arijit Pasayat ( since retired) had ordered the probe on a petition by Jakia Nasim Ahesan who had cited Modi, his cabinet colleagues and several high- ranking government officials as respondents.
“ How could the matter be referred to the SIT without issuing notice to the respondents,’’ he said.
Seeking an interim order, Jethmalani alleged that the order was probably passed without application of mind.
“ One of the 63 accused listed by Jakia was a member of the SIT,’’ he pointed out.
“ The target is accused number one ( Modi)… the SIT should be restrained from calling anyone ( for questioning),’’ he said while virtually batting for the Gujarat chief minister.
After giving a patient hearing to Jethmalani, the bench said the matter would be taken up for consideration in due course. “ We will consider whether this order in entirety is to be confirmed or recalled,’’ Justice Jain said.
Though Jethmalani was appearing for the BJP leader Kalubhai Maliwad, he had come prepared to enlarge the scope of his petition.
He said he was waiting to assist the court in the Gujarat riot case since he read in the newspapers that the court had invited senior members of the bar to assist in the matter.
“ Since it would have been embarrassing to come and offer my assistance… I was looking for an opportunity,’’ he said.
Solicitor- general Gopal Subramanium said prosecutor R. K. Shah’s resignation letter was selfexplanatory which pointed to the state of affairs.
He had objections on the way the presiding judge behaved and was also not happy with the SIT. A petition seeking transfer of the case to another judge had been filed before the high court, the court was informed.
Gujarat government, however, pointed out that the judge was nominated by the high court on the directions of the apex court.
Posting the matter for hearing in April, the court asked the solicitor general and amicus curiae Harish Salve to look into the response of the SIT over the allegations levelled by Teesta Setalvad on behalf of the Citizens for Justice and Peace and give their views.
The court also sought the response of the SIT on an application filed by a witness alleging harassment and torture at the hands of a member of the SIT. The Supreme Court on Monday deferred the trial in the Gulberg society massacre case till further orders after it was pointed out that the special public prosecutor in the case had resigned.