Apart from (i) launching a vicious vengeful move against three most visible
faces from those who fought relentlessly for justice for the victims of
2002 Gujarat pogrom executed in the wake of the horrific Godhra carnage
under the watch of Modi-led BJP government in the state and (ii) sending a
chilling message to one and all that henceforth even going to the courts -
let alone taking part in street protests, for redressal of even the worst
kind of atrocities by the high and mighty would carry its own attendant
(grave) risks, *capitalising on the subject judgement, the Union Home
Minister, almost instantaneously, inaugurated the launch of a campaign to
overwrite the torrent of allegations by diverse entities- ranging from
private individuals to venerable institutions including the National Human
Rights Commission, the Supreme Court itself, various global human rights
bodies and even foreign governments - of inaction, complicity and worse
against the then state government and its leader with a new narrative of
"conspiracy" by a handful of conspirators backed up by yet unnamed ones -
which the SIT is now slated to unearth, to tarnish the image of Modi,
Gujarat and India. Quite in tandem and, perhaps, in anticipation, the
portions on the Gujarat riots had only recently been dropped from the NCERT
history textbooks.*

*This third dimension we must not lose sight of.*
And, of course, the "chronology".

<<The relevant para from the judgment as mentioned in the letter reads
thus:

“… *At the end of the day, it appears to us that a coalesced effort of the
disgruntled officials of the State of Gujarat along with others was to
create sensation by making revelations which were false to their own
knowledge. The falsity of their claims had been fully exposed by the SIT
after a thorough investigation. Intriguingly, the present proceedings have
been pursued for last 16 years (from submission of complaint dated 8.6.2006
running into 67 pages and then by filing protest petition dated 15.4.2013
running into 514 pages) including with the audacity to question the
integrity of every functionary involved in the process of exposing the
devious stratagem adopted (to borrow the submission of learned counsel for
the SIT), to keep the pot boiling, obviously, for ulterior design. As a
matter of fact, all those involved in such abuse of process, need to be in
the dock and proceeded with in accordance with law.*>>

(Excerpted from: <
https://www.livelaw.in/news-updates/letter-chief-justice-of-india-suo-moto-clarify-zakia-jafri-judgment-adverse-consequences-202646
>.)

<<The said paragraph, in our view, was not intended to have any legal
consequence whatsoever. It is settled law, that any adverse action against
a person can be commenced only after giving due notice. The court has
neither issued notice of perjury nor contempt, to anyone in these
proceedings. In fact, the court has issued no specific notice whatsoever,
warning of any adverse consequences.
...
"We refuse to believe that our Supreme Court really intended, to sanction
in advance, the course of retribution that the current government has
chosen to pursue. Even during the emergency, the Supreme Court did not
imprison those who sought to use legal processes, by appealing to it. The
court may have failed to stand up for the citizen in ADM Jabalpur, but it
did not kick down those who chose to fight for citizens’ causes in court.”

We call upon the court, to suo-motu clarify that the above-quoted paragraph
in its judgment, was not intended to have any adverse consequences
whatsoever. The absence of such clarification may lead to further
consequences when bail is sought, by those whom we believe to have been
unjustly imprisoned.>>

(Ref.: <
https://thewire.in/rights/chilling-message-supreme-court-teesta-setalvad-arrest
>.)

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