Supreme Court to continue hearing today the petition filed by Zakia Jafri challenging the SIT's clean chit to the then Gujarat CM Narendra Modi & other high functionaries in the #GujaratRiots of 2002.A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar is hearing the matter.On November 17, Senior Advocate Kapil Sibal, appearing for Zakia Jafri, contended that...
Supreme Court to continue hearing today the petition filed by Zakia Jafri challenging the SIT's clean chit to the then Gujarat CM Narendra Modi & other high functionaries in the #GujaratRiots of 2002.
A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar is hearing the matter.
On November 17, Senior Advocate Kapil Sibal, appearing for Zakia Jafri, contended that the crucial aspects of the tragic incident were not investigated by the SIT appointed by the Supreme Court. He emphasised that the evidence required to establish the elements of a larger conspiracy had been overlooked by the investigating agency. Evidence was not collected and those collected were not analysed, which Mr. Sibal noted would lead to the inference that something was hidden or protected by SIT.
Arms gathering and bomb manufacturing across Gujarat was not investigated according to Sibal. The secret meeting of the political organisations on the night of 27.02.2002, the day before the dead bodies in the Godhra tragedy reached Ahmedabad, was also overlooked by SIT, argued Kapil Sibal. The police inaction and coercive action of the PPs were also not adequately investigated, said Kapil Sibal on the last occasion.
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2021-11-23 05:40:44
23 Nov 2021 4:03 PM IST
Sibal: In this case violence has perpetrated through design which is reflected in the documents. I leave it then to your lordship to decide.
Bench: We will continue tomorrow. Mr. Rohatgi would be there.
23 Nov 2021 4:03 PM IST
Sibal: Despite actionable evidence the court has chosen not to look at it and misread the order of SC.
23 Nov 2021 4:02 PM IST
Sibal: The Republic is like a ship, that ship has to be made steady. It is your task to keep the Republic steady. It would be steady only if majesty of law prevails. This is a case where majesty of law has been deeply injured.
23 Nov 2021 4:02 PM IST
Sibal: That is why we are here. Your Lordships have given us a hearing that suggests that only this court gives maximum leeway when issues of such magnitude comes before it.
23 Nov 2021 4:02 PM IST
Sibal: Your lordships will find none of the issued in the 7 Vol has been decided. In some cases statement of accused recorded and accepted.
23 Nov 2021 3:56 PM IST
Sibal: [HC says]This is revision court, if no material perversity it would not consider it.
Sibal:[HC says] Mag. has rightly concluded on all aspect, but one, that it could not have ordered further investigation. HC says we can move the Trial Court for further investigation.
23 Nov 2021 3:56 PM IST
Sibal: Hate speech is dealt in only the context of ex CM. Then it [HC] deals with extra judicial confession.
Sibal: This is not a case of conspiracy, it is a case of offences. Larger conspiracy can be established only with investigation.
23 Nov 2021 3:56 PM IST
Sibal: With respect to destruction of police control room record [HC says] none of messages were illegal, no objectionable messages.
Sibal: We were taking about PCR messages, they would not be illegal messages. How did it render finding that it was not illegal.
23 Nov 2021 3:56 PM IST
Sibal: Kindly see at pg 94, the issues he captures. The whole issue of why dead bodies were handed over to Jaydeep not discussed.
23 Nov 2021 3:46 PM IST
Sibal: [HC says]The conspiracy was w.r.t Gulberg society. None of these evidence could have been taken into account in Gulberg as per SC judgement of 2013. [HC] Says it cannot be considered as an FIR.
