Gujarat Riots- "In Fact, The Prosecution And SIT Want This Material To Be Effaced From The Memory Of This Nation": Kapil Sibal Tells Supreme Court On Tehelka Tapes

On Wednesday, Senior Advocate, Mr. Kapil Sibal appearing for Zakia Jafri in a petition filed by her before the Supreme Court, continued with his rejoinder arguments. Countering Mr. Rohatgi's submissions commending the SIT for an impeccable investigation, Mr. Sibal argued that in fact it was the inadequacies in the investigation that has affected the case of larger conspiracy alleged by the Petitioner against the highest State functionaries in the Gujarat riots of 2002. A Bench comprising Justice AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar took up the part-heard matter for further hearing. Apart from contending lack of investigation and questioning the conduct of SIT in the particular matter, Mr. Sibal also argued on the bonafides of the Petitioner No. 2 (Teesta Setalvad), against whom he submitted the State and SIT had engaged in a lengthy 'diatribe'. At the outset, Mr. Sibal recapitulated the submissions he had made on the last date of hearing, particularly the ones made with respect to the Tehelka tapes. "Yesterday we were dealing with the sting operation…Would my lords be kind enough to turn to pg. 24."On the last occasion the Bench had embarked on a course of enquiry that if the accused in the complaint were also accused in the other trial, because if their statements were recorded in those trials then the Court might have to refrain from looking at the material put before it by Mr. Sibal. Addressing the said concern of the Court, Mr. Sibal submitted - "Kindly record my statement. Other than Babu Bajrangi, who has been prosecuted in Naroda Pateya, none of the persons for which we have given reference are accused in of the 9 cases."Seeking further clarity the Bench asked - "9 case or any other case?"Mr. Sibal humbly submitted that the same could be only answered by the State Government, because all the trials other than the 9 were being prosecuted by the State. "That the State Govt. is to tell because SIT was not in any case other than the 9."Trying to understand the argument put forth by Mr. Sibal better, the Bench reiterated, "If they are in another case doesn't matter, they have to be named in this case, this is your submission?"Agreeing to the same, Mr. Sibal furthered the submission - "Yes. I dare say, they have not been prosecuted in any other cases."Accused Statements accepted by SIT Arvind PandeyaMr. Sibal pointed out to the Court that in a series of statements made by accused as recorded by SIT on the issue of Tehelka testimonies, the SIT had accepted the explanations provided by the accused, which Mr. Sibal felt, was a complete 'hogwash'. He took a step further to submit that the accused statements were accepted by SIT, merely to exculpate them. "What his statement says and how SIT treats it - SIT accepts his statement. Accused statement is accepted to exculpate him by an investigating agency. And Arvind Pandeya is not an accused in any of the nine cases."Anil Patel"Anil Patel. No statement is recorded by SIT. If no statement is recorded why was he not prosecuted. He is not an accused in any of the nine cases."Surprised that even after the Petitioner had brought all the relevant material before the Courts, the SIT had made no efforts to deal with them, so much so, that they have not even made any submissions in this regard. Mr. Sibal submitted - "What's curious is that I having brought this to the notice of Mag, HC and this Court, the SIT has not dealt with it, they have not made any submissions in this regard."Deepak Shah"Then Deepak Shah. He denied committing any of these. Again, accepted."Dhawal Patel"Now, Dhawal Jayantibhai Patel. Again, not an accused in any cases. Again, statement recorded. Accepted."Dhimant Bhatt"Dhimant Bhatt. Not an accused in 9 cases. Statement recorded accepted."Acknowledging Mr. Sibal's argument the Bench stated - "That seems to be the pattern, according to you?"Haresh Bhatt"Haresh Bhatt. Not an accused. Same thing."Ramesh Dave and Rajendra Vyas"Ramesh Dave and Rajendra Vyas. Statement recorded and accepted."Babu BajrangiPointing out the various allegations raised against Babu Bajragi, Mr. Sibal distinguished the material on which he was considered to prosecute and convict him in Naroda Pateya and the material that is now before the court in relation to the complaint of Zakia Jafri. "Babu Bajrangi is dealt with in pg 240. He was prosecuted and convicted in Naroda Pateya. What I want your lordships to note is Item J and K - Gujarat wide crime, meeting of minds...;Item M - Jaydeep Patel sitting in hospital and counting bodies of muslim to see if the 'job' is done. Item N, Item O, Item P. Over the page to U - spoke to Zadafia and was advised to run away. Then V. These items have nothing to do with Naroda Pateya…The other parts of the tape are part of Naroda Pateya."Arms being brought in - undisputed fact not dealt with by SIT The movements of arms, Mr....

Gujarat Riots- "In Fact, The Prosecution And SIT Want This Material To Be Effaced From The Memory Of This Nation": Kapil Sibal Tells Supreme Court On Tehelka Tapes

Sohini Chowdhury

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