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 Maheswari and CT Ravikumar will hear the matter today.Senior Advocate Kapil Sibal will continue his arguments today on behalf of Zakia...
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2021-12-08 05:14:46
8 Dec 2021 3:32 PM IST
Sibal: If you supply arms you know this will lead to murder, violence. Therefore, you should be aware about the murder, so you become a conspirator even when there is no communication. That is why I relied on the tapes.
8 Dec 2021 3:31 PM IST
Sibal: Now a judgement (on conspiracy), your lordship. (2001) 7 SCC 596. I have cited this judgment earlier also. This is important 'Judicial inferential from proved facts'.
8 Dec 2021 3:31 PM IST
Sibal: I come back to issue of conspiracy. Complaint is only a piece of information, it is only the starting point.
Sibal: Disclosure in the tapes show conspiracy. Investigation should have been conducted, which might have led to a much larger conspiracy.
8 Dec 2021 3:17 PM IST
Sibal: Just give to your lordships a couple of judgments on the Commission on Enquiry. Kindly note down the judgments.
i. 1959 SCR 279 para 9, - Statements made before Commission are inadmissible.
ii. (1988) 3 SCC 609 para 36-41, 225-247
8 Dec 2021 3:17 PM IST
Sibal: Out of three star witnesses, Shreekumar and Sharma I explained, and I did not refer to one.
8 Dec 2021 3:17 PM IST
Sibal: Then comes Rahul Sharma. The submission of SIT was that the CD was produced in 2008. But, he had submitted it to Nanavati Commission 2004. SIT is aware of the same.
8 Dec 2021 3:06 PM IST
Sibal: This could not have been angst against the Govt.for supersession, that did not happen at that time. Maybe because he was filing these reports he was superseded - It is the other way round.
8 Dec 2021 3:06 PM IST
Sibal: Now see Shreekumar. He had filed several affidavit, but they were filed in 2002. No question of supersession then.
8 Dec 2021 2:58 PM IST
Sibal: Who is this accused they are so concerned about? Finality and everything? Nobody has been made an accused except for Babu Bajrangi and Jaydeep Patel. Jaydeep is not on the tape, he is tried for Naroda Gaam, Babu Bajrangi is on tape.
8 Dec 2021 2:56 PM IST
Sibal: So, as long you stoke the fire, the pot will keep boiling. Justice whether done or not done will be decided by the future generation.
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