Gujarat Riots: Zakia Jafri's Plea Against Clean Chit To Narendra Modi: LIVE UPDATES From Supreme Court
Sibal: Kindly have a quick look at the Act. Section 12 of the Act. [Reads out provision]
Sibal: Milords, this is part of the record of NHRC. All part of their statutory obligation, presided over by a retired CJ of this Court. The Commissioner of Police should have investigated. SIT also did not access the records. This is our grievance.
Sibal: Reads from NHRC Report ...Amar Singh Choudhary personally contacted the Commissioner. Why was he not examined. Then NGO activist complaining about discrimination in arrest.
ibal: Mobs were led by VHP, BJP and Bajrang Dal leaders. Mobs were equipped with kerosene...They had list of Muslim houses,shops...When SIT was constituted they should have accessed these records. Next is Vadodara.Lot of details on Vadodara also given. Then Godhra is dealt with.
Sibal: Milords, this is part of the record of NHRC. All part of their statutory obligation, presided over by a retired CJ of this Court. The Commissioner of Police should have investigated. SIT also did not access the records. This is our grievance.
Sibal: Why did the SIT discard this. What Zakia said was nothing new, it was already part of record and yet SIT did not investigate these matters.
Sibal: pg 50. [Reads from NHRC Report which noted that - The VHP gave a call for bandh supported by State BJP. Police did not take precaution in known areas which were sensitive...Police acted as silent spectators.]
Sibal: Why I am showing this is that the fact that this material was available even when SIT was appointed by this Court. The submission is that when this evidence was available why did they not act on it even before the complaint was made by Zakia.
Sibal: [Reads from the NHRC proceedings - Provocative statement by local media to be examined. Govt said that it would be looked into, but no specification was provided.]
Sibal: [Reads NHRC recommendation on Indentification of Delinquent public servants.] No person prosecuted for hate speeches.
Bench: These are all recommendation.
Sibal: Your Lordship is right. These are recommendation. Under the Act they have some statutory force. No objections (by public prosecutor) on grant of bail. That is the point I am trying to make.
Sibal: Special prosecutor and special courts was also rejected. [NHRC stated - The response did not indicate if the recommendation of special prosecutors and special courts were accepted by the State Govt.]
Sibal: By morning to afternoon no protection. Ashok Bhat helped him then they were shifted out. Now, come back Milords at pg. 30. Then, involvement of CBI. They recommended that CBI should be involved. Kindly see, under the heading law and order. CBI Recommendation rejected.