28, Oct 2017 | CJP Team

In the second part of the a four part interview, senior counsel , Mihir Desai explains how the Supreme Court deals with the complicated issues in the Zakia Jafri case, given the enormity of evidence. After the Supreme Court remands the case back to the Magistrate (September 12, 2011), Zakia Jafri is given the right to file a protest petition if the SIT files a closure report. She has to again approach the Supreme Court to get the complete investigation papers.

Thereafter she files a protest petition on April 15, 2013 in which she essentially makes three prayers. One that the protest petition itself contains enough evidence for the Magistrate to take cognisance, direct process and prosecution of the case, second in any case of not satisfied with the closure, the Magistrate has enough powers to order further investigation. The Magistrate rejects both prayers and the second on the ground that he has no powers to order further investigation.

To read the Zakia Jafri order click here