Gujarat Riot Case- Plea By Zakia Jafri Challenging Clean Chit To Then Gujarat CM Narendra Modi And Others- [LIVE UPDATES]
Sibal: Our point is, the complaint, investigation by SIT, by Amicus, none of these related only to Gulbarg.
Statements of witnesses in SIT was not related to only in Gulbarg, it was related to the entire Gujarat.
Bench: Again we’ve to go to the basics, Crime with reference to which report under 173(2) is filed, if it's specific to Gulbarg, the material will be specific to that.
Sibal: Let me be clear, unless we satisfy your court, we are not going to get an order. We’ve to persuade the court & the only way to do that is to carry along with the court.
Sibal: Where will anyone go? I’m giving you official evidence and taking you through it.
Sibal: I must have a remedy in law, what is that remedy? The magistrate doesn’t look at it, sessions court doesn’t look at it!
I leave it for future generations to find out who will look at this!
Sibal: It was sent there for administrative purpose as there was no court. Other 173(2) wouldn’t have been mentioned.
J Khanwilkar: What is that crime in respect of which crime report was filed, and if the material you’re referring to was relating to that crime?
J Khanwilkar: The case came to SC in 2011, some further investigation was required to be done. The investigation was done by SIT, it asked to file report and court allowed.
Sibal: Then where was the question of court even commenting on SIT’s report beyond Gulbarg. I can understand Magistrate could have said I take cognisance of this material, he can’t say I can't look at this material.
Bench: Ultimately, the report is with reference to the crime. Crime in respect of which cognisance was or is to be taken.