The amicus curiae report on Zakia Jaffrey case drew sharp reaction from the Bharatiya Janata Party which rejected its conclusion that Naredra Modi can be prosecuted for "promoting enmity" during the 2002 Gujarat riots while the Congress insisted it has removed all doubts about his role.
BJP stood by Modi, who is being talked about as a future prime ministerial candidate of the party, saying the law is guided by due process and evidence and not the opinion of an amicus curiae (who assists the court) or any lawyer.
"There is no provision under Code of Criminal Procedure or the Evidence Act for the opinion of a lawyer or an amicus curiae. Investigation is exclusively a police function and not a lawyer's function. Police is trained for investigations but a lawyer is not," senior BJP leader Arun Jaitley said.
The SIT report, a copy of which was handed over to Zakia Jaffrey -- widow of Congress leader Ehsan Jaffrey who was killed in the riots -- has given a clean chit to Modi.
However, an independent report by amicus curiae Raju Ramachandran, differs from the SIT. He maintains that Modi can be tried under different sections of the IPC for promoting enmity among different groups on ground of religion, for disobeying the law with the intent to cause injury to any person and for creating hatred or ill-will.
BJP was not impressed with these claims.
"Criminal trials are to be conducted under due process of law and not on the basis on opinions. If after considering the opinion of amicus curiae the investigating agency, i.e. SIT is of an opinion then that opinion is final, subject to what a trial court can do," Jaitley said.
Congress however maintained Modi is guilty.
"No sensible person can doubt that the Gujarat chief minister or BJP did have a responsibility for the post-Godhra riots," Congress spokesperson Manish Tewari said.
