Noting that the special investigation team (SIT) probing the violence needed to get more witnesses to record their statements, the top court adjourned the proceedings last week to October 26.
UP AAG Garima Prashad: We had circulated the status report
CJI: Why have you kept all accused except one in police custody. For what purpose
AAG: Statements are being recorded and some statements are yet to be recorded
AAG: after filing this report, seven more statements have been recorded under Section 164 CrPC
Sr Adv Harish Salve: There are some updated figures.
CJI: Come to para 3 first
Salve: Out of 68, 30 witnesses have been recorded under 164 CrPC. Of these 23 are eye witnesses. A lot of them are former witnesses etc
CJI: case is there were hundreds of farmers are in a rally. Only 23 people were there ?
Salve: we gave an advertisement. The people who saw the onea in car etc are already there. A large no of digital media has been recovered. There are overlapping videos.
Salve: There was also a person who was conducting videography of the event. These have to be sent to labs so that they can be taken as evidences.
Surya Kant J: You said there was 4,000 or 5,000 people. Mostly they were locals. Post incident most of them have been agitating for an inquiry. Accessibility and identification of such persons in the vehicle should not be a great issue
CJI: Another issue is witness protection and you asked them to apply for it
Salve: That ia a problem with the statement, they have already been provided with security.
CJI: That's okay, just provide them security like CCTV, Home guards...
CJI: We have seen the second statua report by UP. We have been apprised of different steps being taken and development in the case. However the concern is getting reports from FSL labs as early as possible.
CJI: Regarding witness protection we direct the witnesses to be provided protection by the state. We further direct that 164 statements and the relevant ones be recorded expeditiously.
CJI: If a judicial officer is not available, district judge can allocate a nearest magistrate can hear the 164 statements.
Sr Adv Arun Bhardwaj: I appear for Ruby Devi. My husband has been killed. I want justice. The killers are roaming free and threatening me
CJI: Mr Salve..
Salve: I will inform the police...
Salve: Shyam Sundar, the accused is the one here. Husband of Ruby Devi. This is being probed. The death of the journalists who was in the car was also killed.
CJI: you have to file separate replies Mr Salve
CJI: there are two complainants before me. One by Ruby Devi and one death of journalist. State is directed to file separate replies in the case
Bhardwaj: Kindly allow our statements to be recorded..
#SupremeCourt hears a batch of petitions raising questions on the power of PMLA regarding search, seizure etc and also challenges the constitutionality of several Prevention of Money laundering Act #PMLA
Sr Adv Kapil Sibal: PMLA is a purely penal statute.
Sibal: The court came to the conclusion that a chargesheet has to be filed. Wrong test to apply. The exercise of powers of an official will not depend on the nature of the outcome... However, because pmla is a penal statue, we don't have to go in the question at all
ASG Aishwarya Bhati informs the #SupremeCourt that the expert committee has suggested no change to water level is required in the Mullaperiyar dam case.
Justice AM Khanwilkar: one is the stability of the dam and the committee should take proactive steps with regard to that and also steps needs to be taken so that zero loss is caused whether due to floods or anything else. Tell us regarding this.
ASG: Please check the internal page of the report. It says raising the level from 136 to 142 feet will lead to jeopardising the issue. Then studies were asked to be conducted by National Disaster Management Authority
Justice AM Khanwilkar led bench hears a petition filed by Zakia Jafri, widow of slain Congress MP Ehsan Jafri, challenging the Special Investigation Team’s (SIT) clean chit to then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots #supremecourt @narendramodi
SC: Mr Sibal, the best course would be not be going backwards...we have to start from the 2011 order.. there was an option to file a protest petition. history of 2009 and 2010 may not help us today. show us what report was presented and the protest plea filed in ref to the report
CJI NV Ramana led bench to deliver judgment on a batch of petitions seeking an independent probe into the #PegasusSpyware scandal which had allegedly compromised privacy of individuals and institutions
Justice AM Khanwilkar led bench hears a petition filed by Zakia Jafri, widow of slain Congress MP Ehsan Jafri, challenging the Special Investigation Team’s (SIT) clean chit to then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots #supremecourt@narendramodi
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 #supremecourt