[LIVE UPDATES] Gujarat Riots Case In SC : 'SIT Did No Investigation' , Sibal Argues Zakia Jafri's Plea Against Clean Chit To Narendra Modi

Sibal says that the sting tapes showed stockpiling of arms and ammunition by Bajrangdal, VHP and Sangh Parivar members and conspiracy to gather diesel bombs and pipe bombs prior to Feb 27, 2002.

Sibal : Jaideep Patel's mobile phone is not even seized. He must have made several phone calls. If you don't seize his phone, what investigation have you done?

Sibal : In case of conspiracy, there won't be direct evidence. It can only be inferred from circumstances, for which you have to investigate, gather evidence, visit spot, record statements. None of these done by the SIT.

Sibal : There are huge materials showing hate speech, again not acted upon (by the SIT).

Bench - There is no 161 statement in your complaint. Only preliminary investigation done in your case.

Sibal - That’s right. But the investigation was to be done by SIT. Whether Tehelka tapes and other evidence is sufficient to take cognisance is for the Magistrate to decide.

Bench says that the proper course to proceed would be to analyze the points raised in the protest petition and to see how the Magistrate dealt with them. "Otherwise we will be lost..in 20,000 pages", Justice Khanwilkar says.

Bench - Were these transcripts considered in the closure report?

Sibal - No, the Closure report discards it. Anil Patel is not at all mentioned. This is regarding Babu Bajrangi whose transcript I have read. Instead of arresting Babu Bajrangi they accept what he has said.

Bench asks what was SIT response to Tehalka sting reports.

"They discarded it by terming it extra-judicial confession", Sibal.

Sibal (choking with emotions, almost teary eyed) : I lost my maternal parents...in Pakistan.. I am a victim of the same. I don't want to accuse A or B. A message must be sent to the world that this cannot be tolerated.

Sibal : My concern is really for the future. Let me put it in colourful terms. Communal violence is like lava erupting from volcano, be it by any community. It is institutionalized violence. It leaves the earth fertile for future revenge.