Justice AM Khanwilkar led bench hears a petition filed by Zakia Jafri, widow of slain Congress MP Ehsan Jafri, challenging the Special Investigation Teams (SIT) clean chit to then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots
Justice Khanwilkar: CBI enquiry is already ordered, then what survives in this?
Sr Adv Colin Gonsalves: CBI probe is not ordered
SC: No it is..i was wondering what remains
Gonsalves: probe is not starting at all
Justice Khanwilkar: time being granted to Sr Adv Gonsalves to chart out issues that need to be considered by the bench.
List on November 16, 2021
Sr Adv Gonsalves was appearing for a group of tribals who bore the brunt of riots.
Sr Adv Kapil Sibal now appears for Zakia Jafri
Sibal: There were several facts which the SIT did not look at while filing the closure report
SC: SIT was constituted under orders of supreme court. when was it?
Sibal: September 12, 2011
It was 2009, wasn't it: SC
Sibal: Oh yes, 2009 it was
Sibal: The sting operation conducted was relied upon in the naroda patiya case and no one doubts its authenticity and only the SIT did not look at it.
Sibal: the police wireless messages which was the Gujarat government has now been informed to be destroyed.
Sr Adv Sibal: the complaint of Jafri was not limited to only Gulbery society, the SIT ingored the important evidences like Sanjiv Bhatt etc. SIT did not even follow the procedure to record statements etc.
Sibal: SIT had no authority to select which statement was correct when contrary statement was made.
SC: Where is the judgment of Supreme Court (2008)?