Gujarat Riots Case: 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.
Senior Adv Kapil Sibal starts arguments. He refers to Article 21 of the Constitution.
Sibal : A person can be deprived of life and liberty if under a procedure he stands convicted - that is another element of A21. The Cr.P.C. sets the procedure.
Sibal refers to Sec 157 CrPC - Investigating Officer has to investigate all facts and circumstances of the case. He investigates the facts and if necessary arrest the accused. He has to record the day by day proceedings in a case diary.
Sibal : The umbilical cord which connects the Criminal Procedure Code to Article 21 is pure and unbiased investigation.
Sibal : If you accept a potential accused's statement, there is no investigation. Then your Special Investigation Team is only "SIT". It is only SITTING.
Sibal : At the heart of the process of investigation is tracing out, finding out.
Sibal refers to the etymology of the word "Investigation" to say it means "Tracing Out".
Sibal : The whole process of investigation becomes polluted when you want to protect somebody or implicate somebody. The purity of the process is the most important aspect of investigation. If that purity vanishes, we are left with nothing.
