Ahead of Gujarat Chief Minister Narendra Modi's appearance before the SIT, a sitting BJP MLA today approached the Supreme Court challenging its order entrusting to the special team probe into a 2002 riots case.

A special three-judge Bench headed by Justice D K Jain said it will consider the application filed by the BJP MLA Kalubhai Maliwad, an accused along with 63 persons including Modi in the complaint filed by Zakia Jafri, wife of Congress leader Ehsaan Jafri who was killed in the riots at the Gulbarg society in Ahmedabad.

"We have to consider whether the order in entirety can be recalled," the bench, also comprising Justices P Sathasivam and Aftab Alam, said after senior advocate Ram Jethmalani, appearing for the MLA, contended that the complaint was handed over to the SIT without hearing any of the 63 accused.

"The target of the case in the matter is accused number one (Narendra Modi)," he said adding that he was seeking recall of the April 27, 2009 order handing over to the SIT, the complaint filed by Jafri in which she has accused Modi and 62 others of aiding and abetting the persons involved in the killings of 2002 riots that followed the Godhra carnage.

"The order for SIT probe is not in the interest of law and justice as the document is not a complaint for cognizance as the accused number 13 (Maliwad) was not heard," he said about the complaint in which SIT headed by former CBI Chief R K Ragahavan has summoned Modi to appear before it for questioning on March 21.