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

Sibal: Milords, because they thought the larger conspiracy case was with respect to Gulberg society. Milords I have already shown that SC said that this evidence cannot be used in any other case. The sting operation shows the elements of conspiracy.

Sibal: The HC also deals with it.

Sibal: He refers to it as a weak kind of evidence. Now the question arises why did SIT not make Ashish Khetan a prosecution witness. The result was the complainant had to get before the Court.

Sibal: [In Mag.order] The complainant brings to the notice the Sting related to Rajender Vaish, Hemant Bhat and Arvind Pandeya...Judge says it is not mentioned in the complaint. How could it be referred to in the complaint, it (sting) was in 2007. My complaint was in 2006.

Sibal: Vol II. I have mentioned in my note that the Magistrate does not deal with the sting operation of Haresh Bhat, Dhawan Patel and Anil Patel. That statement is correct. However, he peripherally refers to the sting.

Bench: Yes, please.

Bench: We'll continue after lunch, Mr. Sibal.

Sibal: [The Magistrate stated extra-judicial confession cannot be substantive and needs coroboration]. This Court in Bura Singh (shown on the last day) laid down that it can be substantive evidence. Magistrate does not deal with all these evidence.

Sibal: In Closure report only Babu Bajrangi and accepts his statement. Why did they not investigate Haresh Bhat, Anil Patel, Dhawan Patel.

Sibal: Kindly see what the Magistrate says. There is no reference to the Tehelka tape at all.

Bench: Closure report refers to it?

Sibal: Yes. The Magistrate deals with extra judicial confession in principle. Some general statements are made in para 14. The Mag. does not deal with the Tehelka tape at all. This is another tape the Mag. is dealing with. [Reads from order of Magistrate]

Sibal: Then your lordships will come to item 2. Not dealt with. Standard operating procedure. Neither dealt with by the Mag nor HC.

Sibal: Item 3 - Jan Morcha report not dealt with both Mag and HC. Item 4 - Built-up of arms and ammunition. Mag does not deal with Tehelka tapes on Haresh Bhat, Anil Patel, Patel and Babu Bajrangi. Magistrate does not deal with it.