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

Rohatgi: The amicus was there, Petitioner was there. Amicus said do some more investigation. Mr. Sukla did and gave 2 more reports.

Rohatgi: Therefore, Milord, to say that I should have arrested everybody in the sting on the basis of the sting is an unfounded submission. In May 2010, Mr. Malhotra concluded and said there was no other cognisable material in the complaint.

Rohatgi: Your lordship remembers I said that there is no doctoring in the sting, but what is the probative value of sting is another thing. In law it is in the nature of extra-judicial confession.

Mr. Rohatgi briefly refers to Jain Hawala Diary case.

Rohatgi: I have read somewhere they (Petitioner) said that SIT had supported. That this material of sting, we found unreliable, but this was given in 3 cases - Gulberg, Naroda Patya, Naroda Gaam. At least in Gulberg, the material was rejected.

Rohatgi: The court will look at it (chargesheet), it can either accept the chargesheet, direct further investigation or reject.

Rohatgi: That is the difference between the role of investigating agency and the court. As far as IO is concerned a chargesheet has to make a crystallised case against a party.

Rohatgi: No chargesheet cannot be filed on suspicion. The chargesheet had to say that we find him guilty of murder. It is not only prosecutable material. They have to give material that they are guilty of some offences.

Rohatgi: It is important because the court was aware that the trials were ongoing. It was not a virgin field that nobody took note of any offence. Today the importance of those words (SC order) dawn upon me.

Rohatgi: The guiding star is the order of September 2011. Look into her(Petitioner) material to be filed in Godhra.

Rohatgi: They(Petitioner) said Commission of Inquiry Report cannot be taken into consideration in any proceeding. My response is that the complaint is substantially from affidavits filled before a Commission.