Gujarat Riots- Zakia Jafri's Plea Against Clean Chit To Narendra Modi- LIVE UPDATES From Supreme Court Hearing
Sibal: pg 80, para 107, this is important - 'actual utterance of words not just a thought'. This happened here (Gujarat).
Sibal: Kindly see another judgment, (2004) 4 SCC 684 at pg 692 and 693 para 7 and 8.
Further emphasised: 'Speech should cause harm.’ ‘Context of speech important’.
Sibal: Then, Your Lordships look at the different jurisdiction.
He emphasized: 'Hate speech target a group’ - Important here.
Sibal: (2021) 1 SCC 1 at page 42 where your lordship deals with hate speech as a heading. Your Lordship quotes Benjamin Franklin and then,
He reads the relevant portion.
Sibal: Now this is Rahul Sharma [Police]. And Upadhyaya says the same thing, but no action taken.
Sibal: Now one or two judgments on hate speech. There is another chart, may your lordship have those charts before I refer to the judgments.
Bench: What is the title of the chart?
Sibal: List of all documents, materials available with SIT before the final order of the Supreme Court.
Mr. Sibal refers to judgement since the list of documents were not available with the Bench.
Sibal: [Shreekumar says] Intelligence was available but no response from CP Ahmedabad.
Sibal: [Shreekumar says] I had specifically pointed out that extremist of VHP and Bajrang Dal was contemplating action...Media played decisive role in keeping the momentum alive.
Sibal: But, it was not investigated. Kindly see pg 162. it goes on and on your lordships. Statement of Shreekumar and letter he gave to Gov. pg 163.
Bench: This statement was recorded by whom?
Sibal: SIT. this is 2009. 99% of the documents were with SIT prior the SC order.
Sibal: The leaflets are distributed without any name, obviously that was a part of conspiracy.
Sibal: Kindly see pg 88. Milords pg 101 last sentence. This is from Citizen’s Tribunal. There are riffle training camps and Bajrang Dal workers are given trishuls and trained to use them.
Sibal: Police indicated no such happening [incidents of rape] but they still put such headlines. They write in small print that police denies it, but the damage is done.