LIVE UPDATES- Gujarat Riots Case- Supreme Court Hearing On Zakia Jafri's Plea Against Clean Chit To Narendra Modi

To be noted No arrest, no curfew declared.

1st element is - Build up of communal mobilisation at pg 8. Straightaway cognisance could have been taken (by Magistrate based on Tehalka)

Bench rises. To continue after lunch.

In the context of the environment today UAPA would have been invoked.

It is an exhaustive Protest petition. It deals with all aspects, all data records, the way police acted, not taking prevention measures, role of PPs, not reaching spots, producing after several years, not relying upon authenticated tapes - none of that was done. All of this not dealt by SIT or either the Magistrate or High Court. We have pointed out what was not done, what was not done, what was ought to be done.

Kapil Sibal: it deals with the way in which police officers operated. Not reaching the sport where offences have been committed, destroying the records, not relying upon authenticated tapes

Pg 684 - Failure to heed reports of IB both on 27.02, prior to 27.02 after 27.02.

Intimidation of officers - some instances are given. 690 is the Finale. We set out what sections of IPC could be invoked.

Bench - all 120B. Essentially conspiracy.

Sibal - There is specific offences.

Kindly see 984 - This material was all with SIT but was willfully ignored. Then I’ll skip the rest and come to pg 647 at 989 - [Ambivalence of SIT of state support to bandh]

Then Milords 652 is with deployment of army central paramilitary forces. I’ll deal with this later. I am pointing here is the statement of Ashok Narayan, ACS of Home.

Kindly come to Para 1021 pg 667 -[Communal crime are grave crime and officers to investigate it]

Bench - How is this relevant for larger conspiracy? For this inaction SIT came in. There is distinction in inaction during crime and inaction in investigation. We just indicated to you.

Sibal - There is a manual. The officers were not following the manual. The question is why did that happen and why did SIT not investigate that.

Bench - We thought we were focusing on the larger conspiracy argument of yours.

SIBAL: How did they (swayam sevak) come there (hospital). Not the family members, but the RSS people. Obviously, Jaideep Patel informed them,come there.

Next is hate speeches uninvestigated. Kindly come to the bottom para 972.

Next Messages related to mass mobilisation and hate speech - We have given name, time and place and messages

Pg 643 para 978 criminal mobilization of VHP. Your Lordship can look at the slogans. That was all building up to the riots that was going to take place. That was in 27.02 itself.

Let look at pg 637, Milords - Heading - Messages related to funeral processions ignored by SIT para 956. That means afternoon 27.02. Bodies reached Ahmedabad on 28.02. [prior warning of communal violence was provided via messages]

Kindly see Pg 666 para 1034. It’s interesting. Just 5 days after the appointment of SIT a batch was destroyed. 

The investigating agency is duty bound to see the victim has the satisfaction that the rule of law is honoured. (Otherwise) the victim is doubly targeted. The investigative agency to see the collection of evidence is pure. Otherwise there is no need for an investigating agency

I go back to a judgment I had cited. One para I’ll read to your lordships. What is the duty of the Magistrate and the HC. [chargesheet not to be blindly followed, application of mind crucial]