Gujarat Riots- Zakia Jafri's Plea Against Clean Chit To Narendra Modi- LIVE UPDATES From Supreme Court
Rohatgi: Now, we are towards the end of the TC judgment. The Court now again examines the issue of larger conspiracy.
Bench: At which pages larger conspiracy has been discussed. Give a chart.
Rohatgi: I’ll see in lunch time if anything is available to answer your lordship’s question. Can I continue after lunch.
Bench: Yes.
Bench: When did she depose? All the material she was referring to now, was that available when she deposed?
Rohatgi: She deposed on 22.10.2010. Shreekumar, Rahul Sharma’s material was before her. She was very cryptic in her chief.
Bench: As a prosecution witness if you fail to depose can you continue later in a side proceedings.
Rohatgi: Even in Gulberg she was not privy of incidents, how will she be privy to incidents in other parts. She made a complaint which was basically hearsay.
Some electricity issue in courtroom.
Bench [in lighter vein]: No light this side. Throw some light from your end.
Bench: That material was available with her when she had deposed.
The Bench said that when the complainant had the opportunity to raise the issue of larger conspiracy in the substantive proceeding, then can they come now in a side proceedings with those allegations?
Bench: There would be no conclusion of the trial then. Is that procedure permissible? We have to advert to under what principle that can be done now.
Rohatgi: These are the name of additional persons.
Bench: As matter of law. When substantive proceedings are there, then how can the complainant approach through a side proceeding. Kindly assist us on this legal issue.