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

Sibal: [Refers to (2006) 3 SCC 374 para 4, 5 which deals with Zahira changing stands] - We have just been able to demonstrate that this is how justice is rendered and how agencies behave.

Sibal: The Magistrate does not deal with this. If the court turns a Nelson's eye then how is this investigation at all.

Sibal: Milords might note that this judgement was rendered on 12.04.2004. This is the direction that is pointed out in respect of key elements in the trial - nature of investigation, role of PP, role of investigating agency.

Sibal: Milords, when Pandeya(PP) in Tehelka tapes says he is collaborating with the accused. He has no response to that. [Mr. Sibal reminds the Court that in the Best bakery case it was the same State i.e. Guj. Thereafter, he reads out the criticism of SC in the said judgment]

Sibal: Milords quite frankly in Zaheera Habibullah's case the task was more difficult, where the TC and HC had acquitted. In our case, the stage is much prior to this [cognisance was not taken].

Sibal: So, Milords why did the agency show lethargy in not collecting evidence, not relying upon the tapes, not making Ashish Khetan a prosecution witness. 

Sibal: Your lordship had said when the protest petition is before you, that you have to deal with each and every allegation. That is my grievance with the courts (these allegations along with evidence were not looked into by the Mag. and HC)

Sibal: What happened was not wrt to one particuar incident. It is that a communal upsurge was not effectively prevented and later the people responsible were not effectively prosecuted. That had to be brought to light by an agency (SIT) appointed by your lordship.

Sibal: [Reads from the Judgment ] Improper conduct of trial by PPs, investigation by investigating agency was profunctory and not impartial. 

Sibal: This is how Mag and HC dealt with it. [Refers to (2004)4SCC158 - In this case retrial was ordered, out of Guj to Bombay. Several observations were made on the role of investigating agency in matter of this nature.]