Oct 27, 2021
Rohatgi: If Mr Sibal can finish today, i can wrap up tomorrow
Sibal: That is not possible at all.. I have some more volumes left to refer
Sibal: i cannot finish at all...
SC: Let Mr Rohatgi continue after the Diwali break,,,
Sibal: let me continue post the break also. You all should also take a break from this case
Rohatgi: if Mr Sibal can finish.... I will finish tomorrow
Sibal: That cannot happen (smiles)
SC: Mr Sibal submits that he will take some more time. Since the court will take a break next week, it will be appropriate that hearing continues after the Diwali vacations
SC: Mr Sibal would be filing some additional documents. As a result, we defer the hearing to November 9, 2021
Sibal: please keep it virtually
SC: If there are PMLA matters then we will continue else it may be physical.
Sibal: smaller matters may be taken but not such large volumes
SC: We will take a call then
Sr Advocate Sibal requests for hearing on Nov 10 since he has a pre-slotted matter on Nov 9
Bench adjourns matter to November 10, 2021
Oct 27, 2021
Sr Adv Kapil Sibal requests the Zakia Jafri matter to be taken up post Diwali since he will take time to argue
SC Adjourns. PMLA cases come up
Sibal:Now you will hear PMLA cases?
Sibal:only 1,5 days for break for Diwali break
Oct 27, 2021
Sibal: I see same things happening in every state, that’s what investigations have been reduced to now a days!
Bench: Its not an ordinary investigation, SIT was ordered by Supreme Court. Don’t generalise it.
J Khanwilkar: You have a point to say they could’ve done something they did not, don’t say they did not do anything
Sibal: In many states now, I’m seeing investigation agencies helping accused
Bench: Then we intervene, Don’t bring that ideology in this case.
Bench asks who Mr Rohatgi is appearing for in the case
Sr Adv Mukul Rohatgi: I appear for SIT. We will show that we have faithfully investigated everything.
Bench: Entire protest petition, allegation by allegation, he says he doesn’t want to read allegation one, or allegation against the CM . Every allegation is directed under CM. Why doesn’t he want to read that? If he doesn’t then there’s nothing else.
Sibal: I don’t want to be in position where I’m made to argue something I don’t want to.I am Not interested in dealing with individuals but manner in which state reacted
Sibal adds:My learned friend wants to travel in muddy water, I won’t even after his persuasion
Mr Sibal refers to his convenience compilation, points out that at multiple locations calls were made for ambulance but calls weren’t answered
Who’s to investigate this? We’re in 2021, this happened in feb 2002. For 19 yrs no one asked this question
Sibal: Wasn’t this responsibility of this great SIT that was constituted. Since Lordships asked me the question that how’s state responsible, who’s to be responsible then?
Sibal: What does law require? Law requires not to accept statements of accused, you can’t close investigation by accepting statements of a potential accused.
Sibal:Firstly you’d find out who all were in control room, then take their statements. You’d take his phone, see who did he ring up at that point of time. Where was he located when he was calling. Then you record that gentleman’s statement & see what he told him
Sibal: All this should’ve been investigated by SIT, question is why did they not? They took information, what did they do about it, nothing!
Sr Adv Kapil Sibal for ZakiaJafri continues his submissions.
Bench: We have to move forward from 2011. We can’t move backwards. Going backwards to history of 2009,2010 that may not help us today. 2011 this court says submit report before Magistrate.
Sibal: Thats a constructive approach and i will abide by that.
Sibal: None of this was dealt with by anybody. Houses were burned, 106 properties in Dhansura, they were all destroyed. This particular sting, Ashish Khaitan was a prosecution witness in one of the cases
Sibal: & this SIT relied on that sting in related to other accused. This tape was authenticated by CBI as genuine, where do we go?
Sibal: Tape wasn’t taken into consideration, that stage didn’t come, closure report was filed that was it.
Bench: This evidence is going to help you in a larger conspiracy hearing. You made a grievance of the same & this evidence of the report of the individual accused, how will that help you? He’s not an accused in Gulberg but in other cases. How will that help you?
Sibal: If it's only about gulberg society, then there's the end of the case. Larger conspiracy has to be investigated or not?
Bench: It has to but right now you're taking us to documents related to individual accused. Let us focus on how the report has dealt with this.
Sibal: The report has not dealt with this. There’s no sentence in the report. All I want to show is all this material was with the SIT which was not looked at.
J Khanwilkar: Yes, but material is to be looked at based on the allegations.
Sibal: Yes the material has to be looked at but these are part of the protest petition allegation. In the closure report none of this has been looked at.
Sibal: Now look at the protest petition. We’ll go allegation wise. Now look at allegation 1, i'm not concerned with that. Please further read allegation 4.
Sibal reads the findings in the allegations with regards to meeting where certain directions were given. I don't want to enter into any political arena but only want the rule of law to be upheld.
Sibal: Why dead bodies were handed to Jaydeep patel is a serious issue. He was a vhp functionary, why would anybody handover? It was all that was said by the SIT.
Sibal: Its a serious issue that a private person is handed over dead bodies, what he says is alright we’ll have an inquiry. What happened to that inquiry? nothing!
Sibal: Question is, contrary to all rules of procedure, How was a dead body given to this individual through an official communication!
Sibal: By the times these bodies reached Ahmedabad the crowd had already gathered.
Sibal: Who made phone calls? How did anyone know that Patel was taking dead bodies? Who made these calls? I don’t know, but these have to be investigated.
Sibal: Is this fashion of Investigation being done? Should the Magistrate not have said further investigate? Your Lordships are far too experienced for me to even make submissions on this.
Bench says Patel was later arrested
Sibal: not in this case