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
