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

Sibal : The point is, the SIT did not investigate this. The SIT did not arrest any of these persons.

Sibal says he does not want to read out aloud the statements in the sting report and requests the bench to read it.

Justice Khanwilkar asks if the statements of the person in the Tehalka sting report reveal anything about "larger conspiracy" from the top.

Sibal : The fact is, this was not investigated by the SIT. How do you establish larger conspiracy?

Sibal reads from the Tehalka sting report about an accused talking about making bombs and using it in communal riots.

"SIT does not arrest him. Doesn't record his statement. Does not visit the spot. These tapes are authenticated by the Gujarat HC..in the Naroda Patiya case".

Sibal refers to Tehalka sting reports : Now Milords. Kindly look at Vol. VA, pg 291. These are transcripts of recordings. Tapes authenticated by CBI but not touched by SIT at all.

Sibal says the most "damaging and concerting" fact was that the SIT ignored the sting operation reports of Tehalka which were treated as extra-judicial confession in other proceedings such as Naroda Patiya case.

"The most damaging, most disconcerting evidence is the sting operation, which tape was to be authenticated by CBI used in other proceedings, treated as extra judicial confession and resulted in conviction. That was not even looked at. Let me start with that"

Sibal saying SIT did no investigation - You don't record statements. Accepted statement of accused and file closure report. No phone seized, never examined CDR Record, never checks why records were destroyed. Never checked why policemen were standing by.

Rohatgi - This was a unique procedure. Investigation follows FIR. Here FIR and charge sheets were parallely going on . Technically it was not 161.Investigation was in the nature of preliminary.

Sibal - No investigation was done. No 161 statements.

Bench - Perhaps 161 statements were recorded.

Sibal - No Milords.

Bench - This is preliminary enquiry before the SC. After SC order when Closure report was presented, when was this presented to Magistrate. It has to be after 2011.

Sibal - I shall give it to you. 08.02.2012, pg P Vol 1 of the SLP.