Jafri was among 69 people killed by a mob during the riots at Gulberg Society on February 28, 2002.
Metropolitan Magistrate B J Ganatra in his nine-page order stated that Zakia’s right to file protest application is closed since she failed to file the petition despite being given reasonable opportunities and time. Therefore, her prayer seeking more time to file the application is not reasonable.
The court said she can now only make oral submission regarding her protest against the SIT report.
The SIT had submitted its final report in the court regarding case giving a clean chit to Chief Minister Narendra Modi and others in February.
The SIT had provided a copy of the report to Zakia in May asking her to file a protest petition within the stipulated time of two months. However, the protest petition has not yet been filed.
According to SIT counsel R S Jamuar, the applicant was unnecessarily delaying the process and therefore it opposed Zakia's prayer seeking more time. He said that since September 13, she had been promising that she would file the protest application, but she kept delaying it.
Zakia has filed a Special Leave Application before the Supreme Court seeking clarification whether her complaint is limited to Gulberg Society massacre.
Her lawyer S M Vohra told the court that they have approached the SC seeking a clarification on certain issues and the next date of hearing of the case in the apex court is December 3.
Vohra sought time from the court till the hearing in the case is over in the Supreme Court.
Vohra later said that generally local courts await the outcome of the case in the Supreme Court. However, this court has chosen not to wait for the same and given an order which is “very shocking”. “We will convey this to the Supreme Court before December 3,” Vohra said.
Soon after the SIT submitted its bulky closure report in February, Zakia had accused the probe team of favouring accused.