Hearing the matter, a single judge bench of Justice M R Shah directed the petitioners to seek the alternative remedy available, which is making the application for the same before a judicial magistrate. The court said that it couldn't direct the police to lodge an FIR as long as there was an alternative remedy available

The petition filed by Zakia and the Citizens for Justice and Peace has asked for an FIR on the charges of murder and criminal conspiracy against Modi and 62 others, which includes ministers and senior police officials, for their alleged involvement in the 2002 post-Godhra riots. In the wake of the Tehelka expose, which showed the protagonists of the pogrom boasting about their achievements, the petitioners had also requested the court to accept the copies of the Tehelka magazine and tapes as evidence against the conspirators. The tapes have shown many Bajrang Dal leaders talking about the tacit go ahead given by Modi for violence against the Muslims.

However, the High Court held the matter was already committed for judgment and it cannot accept any fresh evidence at this date.