Gujarat Riots- Zakia Jafri's Plea Against Clean Chit To Narendra Modi And State Functionaries- LIVE UPDATES

Sibal: [Mag.] Only to be satisfied that there is sufficient ground to proceed. All the Mag. needs to do is read the complaint, understand content, issue process.

Mr. Sibal refers to a judgment - Afroz Md. (2019) 20 SCC 539 w.r.t. the role of the magistrate at the state of issuing process.

Sibal: Now, at pg 10 para 30 of my compilation. 

Sibal: Over the page, you will see that there were no common accused.

Sibal: SIT was not provided documentary evidence with chargesheet...Further investigation in Zakia’s matter. SC directs the Gulberg trial to be completed, Then closure report was filed.

Sibal: This is important, the SIT did not contest the bail granted.

Sibal: On Nov, 2003 SC stays the trials. Then SIT in 2008 SIT appointed to further investigate 9 cases. Final order of SC in NHRC and stay on trial reflected...One of the PPs resigned that you SIT are not conducting the investigation properly. Then Gulberg trial was put on hold.

Sibal: pg 223, Vol 9. The Gulberg FIR only refers to Gulberg attack by the mob. Zakia’s complaint is on 08.06.2006 about incidents from 11 districts of Gujarat. On has nothing to do with the other. In fact there is no common accused in the two.

The Bench presides.

Mr. Sibal resumes his arguments.

Sibal: Kindly come to pg 224. Actually, we can do it after lunch. It is 1 o’clock.

Bench: Alright. 

Sibal: In 07.02.2013 order, it said that give all material to complainant. It had nothing to do with the complaint. Where did the SC say that look into the complaint? The SC never said look into only the complaint.