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

Sibal: Dismissal of a private compliant or discharge of accused is not acquittal. We are at a stage prior to that. Even cognisance has not been taken. I do not understand their argument of acquittal.

Sibal: Finality of criminal proceeding can come pursuant to a trial. The argument was made by SIT that if an accused is acquitted what will happen to him. They can be tried. Kindly see S.300 of CrPC.

Mr. Sibal reads out S.300.

Sibal: This is an order of the Guj HC. [pointing out the inadequacies of the investigation]

Sibal: Under A. 20 you cannot be prosecuted if convicted, but if acquitted you can be. Not on same evidence, but other evidence can come to light.

Sibal: A closure report is a closure report, it is not proof of fact, it is an opinion. They read to your lordships the 161 statements and said that this is the conclusion. This cannot be done, your lordship.

Sibal: All these findings given by Mag on the basis of 161 statements is wholly inconsistent with the law.

Sibal: The Mag. has given finding of facts based on 161 statements. I will give your lordship the pages.

Sibal: 'Full papers of investigation are not provided to us' [SPP] Now on SIT. 'Documents as old as 2009 was given to me when I was examining the witness'. SPP resigned and the judge was transferred. Members of prosecutors appointed by SIT was saying this.

Sibal: pg 74 Milords. [Refers to a letter written by Special Public Prosecutor in the Gulberg matter alleging the judge to be hostile, after which the TC judge was transferred].

Sibal: Nothing prevented the State to investigate from 2003 to 2008. But they did not do it. Thus, what the State says, that they have done what could be done, is contrary to record.