Gujarat Riots- Zakia Jafri's Plea Against Clean Chit To Narendra Modi- LIVE UPDATES From Supreme Court Hearing
Sibal: Next (2009) 1 SCC 441 at 466 para 67.
Sibal: Any conduct for causing harm would be conspiracy. My argument is that, it is not for me to demonstrate that. A person who imports arms illegally, one who distributes them - one may not know the other, but they are conspirators because the object is unlawful.
Sibal: (2001) 7 SCC 596 at pg 606 para 23.
Mr. Sibal reads out the said judgment, which deals with conspiracy.
Sibal: Had the SIT looked into all these I would have had no grievance. We are at a stage where no investigation is done.
Sibal: If you attack a community, the object is to attack a community. Even if there was no communication, still would be termed as conspiracy because the object is unlawful.
Sibal: Conspiracy can be established seldom directly, and is a matter of inference.
Mr. Sibal read out (2003) 8 SCC 461 Nazeer Khan v. NCT of Delhi, which deals with conspiracy.
Sibal:The Supreme Court never said look at larger conspiracy. It said file a chargesheet based on evidence and try the accused..It(SC) was looking at the various offences that were committed. No Court can determine today how large the conspiracy was (due to lack of investigation)
Sibal: There is prima facie proof reflected from Tehelka record itself. Question is who all were involved. That would only depend on investigation. That is why we are asking your lordships that there should be some investigation.