Zakia Jafri, wife of Congress MP Ahsan Jafri who was killed during 2002 post-Godhra riots in Gujarat, on Wednesday, November 10, contended that the Supreme Court-appointed special investigation team (SIT), whose closure report gave a clean chit to then Gujarat chief minister Narendra Modi and others in riot-related incidents, had not properly investigated the matter and even ignored evidence given to it.
Senior advocate Kapil Sibal, who appeared for Jafri, told a bench headed by Justice A M Khanwilkar that the SIT “never seized any phone, never examined Call Data Records…never checked why police was standing by, never checked how bombs were manufactured…” The “fact of matter is”, Sibal told the bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar, “there was to be an investigation…. If there is no investigation, what was the purpose of the Supreme Court constituting the SIT?”
The “most disconcerting evidence is the sting operation. It was to be authenticated by CBI. It was authenticated by CBI…treated as extrajudicial confession to convict people in Naroda Patia case, but not even looked at by SIT (in Jafri’s complaint). They did not arrest those who accepted commission of crimes,” Sibal said.
Justice Khanwilkar pointed out that the SIT was to investigate or proceed on the basis of preliminary report and look into Jafri’s complaint and decide whether further action is required. “If SIT, after looking at your material…feels there is no credible material, then it’s at the discretion of the SIT not to present supplementary chargesheet,” he said.
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