Gujarat Riots- Zakia Jafri's Plea Against Clean Chit To Narendra Modi- LIVE UPDATES From Supreme Court Hearing
Sibal: Kindly come to Rahul Sharma’s statement. This is recorded on 2nd of July, 2009. Second para. He is talking about 28.02.2002. [Sharma suggested criminal action against Sandesh] [Additional forces not made available to Sharma in Bhavnagar] He was transferred out of Bhavnagar
Sibal: Anything that is disputed I will not argue.
Sibal: This Court acts on the complaint, but does not deal with the complaint. It deals with the material before it. The argument that Mag. makes that it was with respect to Gulberg, it was not so. I just wanted to clarify.
Sibal: Now kindly come to volume 6. The CDRs collected by Rahul Sharma. Then evidence of Rahul Sharma at pg H. The page I - political interference in police functioning. Legal issues at pg. DD.
Sibal: Kindly note that in para 10 the court states that the accused will be tried. In para 11 assuming that SIT says no need to prosecute, court was to issue notice to complainant and make documents available to her. It had nothing to do with Gulberg.
Sibal: In addition to what it had, the amicus reports relating to the trial of the accused was also available. Court intended that this material is collected by SIT, they will file a chargesheet and conduct further investigation if necessary.
Sibal: pg 306, Now what is the direction of the Supreme Court in 2011. Prior to 12th Sep, the Court was monitoring SIT. SIT had all these documents. Now read para 10. [Court had Directed to file the entire material before the court that had taken cognizance of Gulberg.]
Sibal: PCR record, with them, Non response of fire brigade part of their record, Reports of statutory bodies, all is with them. Statement of election commission, that is with them. Pamphlets, Tribunal’s report,Guild’s report, Tehalka transcripts in toto all with them.
Mr. Sibal Reads out from the list of material with SIT before order of Supreme Court. Naroda Patya judgment also with them, Guj HC judgment with them.
Sibal: Documents produced by ex DGP, transcripts of accused, transcripts of Ashish Khetan, phone call records, Rahul Sharma Statement, CD containing tower detail, Analysis of Phone record, - None of this relates to Gulberg.
Sibal: This is a constitutional duty because it pertains to security of the state. This the Citizen’s Tribunal also says. Prohibitory order can be passed, so why were they not passed. Why did the authorities in Gujarat not take swift action. This is the State’s duty to find it.
Sibal: 'The administration has to duty to see who the speaker was'. In this case [2004 judgment referred to by Mr. Sibal] 144 order had been issued.