as { RE ENQUIRY © ge REPORT | iW SLP (Cri) NO. 1088/2008 |ENQUIRY REPORT BY THE SPECIAL INVESTIGATION TEAM IN THE MATTER RELATING TO SLP (CRL.) NO. 1088/2008 OF SMT. JAKIA NASIM AHESAN & ANR. Vs, STATE OF GUJARAT _ & ORS AS ORDERED BY THE HON'BLE SUPREME COURT OF INDIA VIDE ORDER DATED 27™ APRIL;2009. —— INTRODUCTORY: ‘Smt. Jakia Nasim Ahesan Jafri, widow of Late Ali Ahesan Jafri formerly Rilo, Gulberg Society, Meghaninagar, Ahmedabad City and now residing al 25, Alvi Raw-house, Rander Road, Surat City, Gujarat submitted a complaint dated 08-06-2006 to Shn P.C. Pande, Director General of Police, Gujarat State, Police Bhavan, Gandhinagar for the registration of FIR u/s, 302 rw 120(B) IPC & sec. 193 read wih 114 IPC, 186 & 153-A, 186, 187 IPC & ws 6 of Commission of inquiry Act, The Gujarat Police Act & The Protection of Human Rights Act, 7951. On receipt of (he compiaint, the. DGP, entrusted the matter to " Shi J. Matapatra, AddL DG (lnt.), Gujarat f6 ‘inquire ito’ the same. Shi J. ” Mahapatra sent a letter dated 18-8-2006 6 Smit Jakia Nasim to appear before him on 28-08-2006 at Sarkhej F.S., Ahmedabad for the purpose of recording her statement, to which Shri Tanveer A. Jafri So Late Ahesan Jalti responded and requested that her examination be arranged on 18-08-2006. Further, on, *-28-08-2006; Shi Tanveer A. Jafti'sent another letter to: Shri-J.’ Mahapatra that“ - be and. his. mother would not be able:to come to Ahmedabad ‘on 25:08-2006, ue to the flood situation in Surat and that her mother’s examination be posted for 18-09-2006. In respanse to this request Shri J. Mahapatra sent another ‘etter dated 30-8-2006 requesting Smt. Jakia Nasim to remain present on 18- 09-2006 at Circuit House, Annexe, Atmmedabad for het statement. ‘Subsequently, Shri $.M. Sheikh, Superintendent of Police of the olfice of the , ADG (lht.) informed Smit. Jakia Nasim that Shri Mahapatra had proceeded on eamed leave and that another date would be fixed for her examination on his retumn from leave. On 8-9-2006, Shri Tanveer A. Jafn sent another letter to Shri J. Mahapatra for a change of venue from Circuit House, Shahibaug, Ahmedabad to Police Bhavan, Gandhinagar for the purpose of recording his mother's statement. This was acknowledged by Shri N.B. Shah, PS to Addi. OG (Int.) with the remarks that her request would be placed before Shri J.Mabapatra on his feturn from leave aflef 2-10-2006. Shri J. Mahapatra sent another letter dated 7-10-2006 to Smt. Jakia Nasim to appear before him on 16-10-2006 at 1500 hrs at Circuit House, Annexe at. ‘Ahmedabad. Again, on 12- 10-2006; Smt. Jakia Nasim was informed by Shi NN. Patel, Dy.Commissioner (C) of the office of Addl. OG (Int. that the venue for recording her statement had been changed at her demand from Circuit House, Ahmedabad to the office of Addl. DG (Int.), IInd floor, Police Bhavan, Gandhinagar and she was requested to remain present at the changed venue ‘on 16-10-2006 at 1800 hrs. Finally, on 16-10-2006, Smt. Jakia Nasim appeared before Shri J. Mahaptra arid stated that till an offence on the basis of her complaint was registered, she was not ready to make any statement and that the complaint given by her may be treated as an FIR. Shri Mahapatra informed Smi. Jakia Nasim vide his letter dated 02-11-2006, that in respect of the offences that took place at different places and time specified in her application, offences had been registered in the police stations having jurisdiction and were being investigated. He further mentioned that an impartial and Wansparent mquiy was being conducted by him to examine, as to whether any legal action could be taken in respect of the additional accused persons and additional allegations raised by her, and that for this purpose, she was requested to mako a statement and give any other evidence available with her. On 01-03-2007, Smt, Jakia Nasini Ahesan. Jafii filed an: application. in’ the Hon'ble Gujarat High Court bearing Spi.-Criminal Application No. 421 of 2007 Vs. State of Gujarat, OGP, Gujarat and CBI under Articles 226/227 of the Constitution of india rhv sec.482 Cr.PC with a prayer to pass an order of Writ of mandamus and or appropriate Writ, direction an order and direct the OGP to register a FIR and further direct the same to be jpvestigated by an independent agertey, ie..CBl ‘She further prayed that penting admission .and. or. final, disposal of this peliton, OGP-be diected to register the FIR ahd directions issued to CBI for investigation in the interest of justice and grant such other and further relief as deemed fit in the interest of justice. The Hon'ble Gujarat High Court vide its order dated 2-11-2007, dismissed the petition on the ground that the petitioner had nét adopted the précedure to file the complaint u/s 190 thw 200 Cr.PC and the petitioner was directed to file appropriate private _ complaint and that the same shall be considered in accordance with law and onmerits after following due procedure under Criminal Procedure Code. Aggrieved by said order, Smt. Jakia Nasim Ahesan Jafri and Citizens for Justice & Peace through its Secretary Ms. Teesta Setalvad filed a Special Leave Petition (Cri.) No. 1088 of 2008 on 18-12-2007, in the Hon'ble Supreme Court of India. The Hon'ble Supreme Court of india passed an order dated 274-2009 as follows: “Having heard learned Counsel for the parties we direct that complaint dated 08.06.2006 which the petitioners herein claim to have sent to the OGP of Gujarat shall be examined by the Special Investigation Team (in short ‘SIT') constituted pursuant to the ‘orders of this Court. The SIT shii'60k into the matier and take o- 2