Gujarat Riots: Zakia Jafri's Plea Against Clean Chit To Narendra Modi: LIVE UPDATES From Supreme Court

Sibal: [Divecha's flat was set on fire by evening] From morning to 4 (evening) no bandobast was made. Again, Divecha's statement never recorded, Quadri's sentence never recorded, fire brigade's statement never recorded.

Bench: Collaboration is with official not SIT.

Sibal: Yes, collaboration here is not with SIT. [Reads out the letter written by Justice Divecha about frightful incident around his residence]

Sibal: [Divecha's flat was set on fire by evening] From morning to 4 (evening) no bandobast was made. Again, Divecha's statement never recorded, Quadri's sentence never recorded, fire brigade's statement never recorded.

Sibal: This is an indictment based on evidence before the commission. SIT did not examine. Would that be negligence, collaboration or oversight.

Bench - This was with the police. This SIT was not responsible for the findings.

Sibal: I am saying that why did the SIT did not examine the record.

Sibal:Even when complaint were made, name of offenders not noted.This shows collaboration of the machineries of the State. In almost all cases copies of FIR not given.[Instances of Rape] FIR not recorded, and victims harassed.These are grave matter not to be forgiven or forgotten

Sibal:You should have taken his phone (examined it).

Sibal:[Reads from NHRC proeedings] If Zakia repeats it, it is based on the records of a statutory body (NHRC). What did SIT do, took statement of Jadeja and Ashok Bhat, accepts statement and closes the matter. Then what are you investigating.

Sibal: Kindly see that 11000 something people were arrested. When and where arrests were made. Where the named accused arrested. Milords, specific names not arrested. Those arrested were immediately bailed out.

Bench - If they are bailed out then how can you blame the investigating agency.

Sibal: The prosecutors did not oppose.

Sibal: Milords who is responsible for this. NHRC had to file a petition in SC to validate the tapes. State Gov was not bothered about it.

Sibal: Next, Pattern of arrest.

Sibal: This evidence was available way back in 2002, reiterated in the protest petition, set out in complaint. [Reads Heading - Failure to identify local factors.] The response of State is that we will not give you (NHRC) response, we have set up Nanavati Commission.

Sibal: State IB had alerted about movement of kar sevaks (when they left Guj), however specific alert on the return was received on 28th, after the incident. There was a major failure of Intelligence and the state has not rebutted that presumption.

Sibal: People armed with mobile telephones singling out house for carrying out attacks. No mobile phone seized. What would an ordinary investigator do. They would have seized the mobile phone. Till date no mobile phone seized.