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 Maheshwari and CT Ravikumar is hearing the matter.On November 17, Senior Advocate Kapil Sibal, appearing for Zakia Jafri, contended that...
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 Maheshwari and CT Ravikumar is hearing the matter.
On November 17, Senior Advocate Kapil Sibal, appearing for Zakia Jafri, contended that the crucial aspects of the tragic incident were 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 bomb manufacturing across Gujarat was not investigated according to Sibal. 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, was also overlooked by SIT, argued Kapil Sibal. The police inaction and coercive action of the PPs were also not adequately investigated, said Kapil Sibal on the last occasion.
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Live Updates
2021-11-23 05:40:44
23 Nov 2021 9:34 AM GMT
Sibal: Then he deals with what the amicus says.
23 Nov 2021 9:34 AM GMT
Sibal: He is saying that investigation is before 12th Nov and I have no power to look into it. Then he talks about conspiracy...Then pg 227. This is decision of Gov. to get the dead bodies of those who died in Godhra.
23 Nov 2021 9:34 AM GMT
Sibal: Milords, what the Ld. Judge is saying as I understand is that before 12th Nov, SIT had already been set up by SC and further investigation was going on pursuant to which this evidence was collected.
23 Nov 2021 9:27 AM GMT
Bench: He has given a long judgment considering all aspects.
Sibal: But not exhaustive. He has not considered all these.
Bench: Maybe in his own way he had. Mihir Desai and Pareek appeared for complainant?
Sibal: Yes, both. On different dates.
23 Nov 2021 9:23 AM GMT
Bench: Is this translated copy?
Sibal: I will confirm it in a minute. It is translated.
23 Nov 2021 9:23 AM GMT
Sibal: (Mag) Agreed with argument of PP. Mag says SIT investigation is in accordance with the direction of the Supreme Court.
Sibal: He(Mag) was to look at the evidence, not whether in accordance with the direction of Supreme Court.
23 Nov 2021 9:22 AM GMT
Sibal: At pg. 186. Then pg. 187, he quotes the Supreme Court judgment. Then, Milords arguments of Defence. It states that the complaint of Jafri and Gulberg are different. None of this is now relevant as SC had directed that based on evidence collected SIT to file report.
23 Nov 2021 9:14 AM GMT
Sibal: PP talks about the complaint and not about the documents that SIT had. He (PP) states that sting operation is also out of place at that stage.
23 Nov 2021 9:11 AM GMT
Sibal: Magistrate’s order now. Volume I pg 180. The judgments meanders in many ways it's difficult to ascertain what it holds.
23 Nov 2021 9:07 AM GMT
Sibal: If you have not looked at the evidence, if the Magistrate so finds then an offence in that regard can be lodged and tried. If evidence is on record, and there is no application of mind then the court can do this.
