[Gujarat Riots]'Evidence Not Collected, If Collected Not Analysed, Leads To The Inference That SIT Was Hiding Something': Kapil Sibal To Supreme Court In Zakia Jafri Matter

The Supreme Court on Wednesday heard Senior Advocate Kabil Sibal in the plea challenging the SIT report giving clean chit to the former Gujarat Chief Minister, Narendra Modi and other high functionaries of the State in the Gujarat riots of 2002. While making submissions, before a Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar, Senior Advocate Kapil Sibal, appearing on behalf of Zakia accentuated that the crucial aspects of the tragic incident was 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 bombs manufacturing across Gujarat - not investigatedRecounting his previous submissions on the issue of arms gathering and bombs manufacturing across the State of Gujarat during the Gujarat riots of 2002, Mr. Sibal referred to the testimony of Dhawal Patel [in Tehelka tapes], who had elaborately spoken about the accumulation of dynamite. On the same issue, Mr. Sibal drew the attention of the Court to the statements given by Haresh Patel who mentioned one Rohit Zaveri, helping him in arm smuggling. Considering that Mr. Sibal had already read out the statements of Dhawal Patel and Haresh Bhat on previous occasions, he apprised the Court on the statement of Rohit Zaveri - "Rohit Zaveri, I have not read. Rohit Zaveri Rohit Zaveri, who is a businessman, was a VHP Treasurer…" The Bench enquired, "Dhawal Patel is resident of which district?" Mr. Sibal replied, "Savarkanta." Again Bench enquired, "Haresh Bhat?" Mr. Sibal replied, "Godhra." Then, the Bench asked about Anil Patel. Mr. Sibal informed the Court that he was from Savarkanta and Babu Bajrangi was from Ahmedabad. Regarding the interviews of the four accused, the Court asked, "Who has interviewed all these 4 persons?" Mr. Sibal informed that all the four interviews were conducted by Ashish Khetan. "Ashish Khetan is from Gujarat?", enquired the Bench. Mr Sibal clarified that Ashish Khetan was a journalist of Tehelka who had conducted the sting operation. Thereafter, he brought the Court's attention back to the testimony of Anil Patel which corroborated that of Haresh Bhat about the bombs being manufactured during the riots. "He corroborates what Haresh Bhat says. He says bombs were made in Haresh Bhai's own factory. This is a corroboration of what Haresh says. Even in separate interviews there is corroboration." Thinking that Mr. Sibal was referring to Rohit Zaveri, the Bench asked, "His statement starts from where?" Mr. Sibal spelled out, "I am reading Anil Patel. Starts at pg 90." Addressing the issue of collaboration of the accused with the higher state functionaries and the the lack of investigation in that regard, he pointed out - "See, the police are collaborating with them. I am not saying this is proof, but it is a matter of serious investigation." Mr. Sibal further elucidated that when Anil was asked by Khetan about the conduct of the policemen during the riots, he had informed "Police here supported us, said do something to loot them, finish them...He (some policeman's father) works in our programme also." Secret meeting on the night of 27th February - not investigatedThe second issue that was dealt with during the hearing was 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. Mr. Sibal submitted - "Milords going back to the table now. Over the page is the second heading - Secret meeting on the night of 27.02.2002. Kindly see pg. 296 top, Milords." The Bench asked Mr. Sibal, "What is this document?" Responding that the same was the statement of Dheemant Bhat recorded by Khetan, Mr. Sibal continued - "This is Dheemant Bhat. He is an RSS and BJP member. This statement is recorded by Ashish Khetan. It says immediately the same day there were two meetings." The Bench observed that there was some confusion since the statement that was being read out was that of Dhawal Patel. Resolving the issue, Mr. Sibal pointed out, "pg 295 is Dheemant Bhat." Agreeing to the same, the Bench stated, "You are right. In this chart Dheemant Bhat is not mentioned. This is second heading. Yes. Right."Continuing with his submissions, Mr. Sibal added - "Kindly see at pg 296[Dheemant's Testimony]There were two meeting what actions had to take, if we have guts we should give it back immediately. So we would start tonight. [Dheemant's testimony] Was this organised by local leaders.? Yes, by local leaders, the direction came from the top." Noting that the testimony shows that the...

[Gujarat Riots]'Evidence Not Collected, If Collected Not Analysed, Leads To The Inference That SIT Was Hiding Something': Kapil Sibal To Supreme Court In Zakia Jafri Matter

Sohini Chowdhury

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