Thread by @barandbench

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

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 #supremecourt..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,
#supremecourt

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)?

Sibal: Our case was well planned unleashing of violence with police complicity and in the know how of the state government, Magistrate says i cant look at anything else since supreme court asked me to look into only Gulbery society case

Sibal: there were people who were massacred due to police inaction. I am giving you official evidence. Who will be answerable for this? the future generations?

#gujaratriots #supremecourt

SC: Crime with reference to which report under 173(2) is filed, if its specific to Gulbarg, material will be specific to that.

Sibal: when the court was talking about the SIT it was not about Gulberg only else what is the use of Section 173(2)

SG Tushar Mehta: the complainant was Zakia Jafri who lived in Gulberg society and she lost her husband to the riots. the complaint was an omnibus complaint against certain constitutional machinery....

Sibal; except when the matter came to Supreme COurt the issue was beyond gulberg society and thus the case was transferred to the magistrate under Section 173(2)

Sibal: there are 23,000 pages worth of documents. we have been collecting. a republic stands or falls depending on the court, we cannot trust anyone but the judiciary and courts

Sibal: I am not on any single particular person. This is not a political issue, it’s the administrative failure of the state that I am concerned with my Lords. #gujaratriots #supremecourt

Sibal: gas cylinders were used for explosions all across. All that I am looking for here is the investigation and not a conviction. I can show state intelligence bureau reports and see how it corroborates our submissions #supremecourt

Sibal: this republic is too great to look the other way. so many documents were destroyed. should not this be investigated?

#supremecourt #gujaratriots

SC: We want to see the closure report accepted by the Magistrate. There will be reasons therein.
#supremecourt

Hearing to continue tomorrow
#supremecourt #gujaratriots