The Special Investigation Team (SIT), arrange by the Supreme Court to probe circumstances of communal violence in the course of the 2002 Godhra riots, advised the apex court docket on Wednesday that it had not saved anybody and lamented that there was “inhumanity” in opposition to it. The remark was being made.
Senior advocate Mukul Rohatgi, showing for the SIT, advised a bench headed by Justice AM Khanwilkar, “We weren’t saving anybody.
Rohatgi was responding to allegations by Zakia Jafri, spouse of former Congress MP Ahsan Jafri, who was killed in the course of the riots, accusing the SIT of bias and ignoring proof.
Rohatgi identified that the Supreme Court, whereas constituting the SIT on March 26, 2008, had stated that it will document the assertion of any one that needs to provide it, and invite statements by issuing newspaper commercials. Still, he stated, “derogatory remarks (being made) against the SIT”.
His reference was to the allegations of Jafri’s counsel, senior advocate Kapil Sibal, that the SIT had not recorded the testimony of a number of essential witnesses.
Rohatgi stated, “The SIT has examined 275 witnesses, leaving no stone unturned,” and cited the arrest and conviction of former Gujarat minister Mayaben Kodnani. “She was arrested and convicted and remained in jail for a few years. Had the SIT been partisan, I’d dare to say that she wouldn’t have arrested a sitting cupboard minister.
The bench, additionally comprising Justices Dinesh Maheshwari and CT Ravikumar, is listening to Jafri’s attraction difficult the Gujarat High Court’s order dated October 5, 2017, permitting the Ahmedabad Metropolitan Municipality to simply accept the closure report of the SIT. The order of the Magistrates’ Court was upheld, which had given a clear chit to the then Chief Minister of Gujarat. Narendra Modi and 63 others in circumstances associated to the riots.
Rohatgi additionally denied allegations that there was any delay in calling the military. “She (Jafri) says there was a delay in the army. This is an allegation against the state and the Centre. This is completely baseless. The fax went off at 2 pm on 28 February 2002 and the army was redeployed. They came in the night, they were airlifted…”
On Sibal’s rivalry that the SIT had not seized any cellphone throughout its investigation, Rohatgi stated, “(the contention is that) a mobile phone used in 2002, the SIT should have taken it from him in 2010, 2011, 2012.” . Phones of that period had been nascent. – (They have) no WhatsApp, no digicam. Who will maintain a telephone for 10 years?”
He additionally responded to claims that the SIT didn’t seize name information information (CDRs) or police management room information: “No firm holds CDRs for 9 years. The handbook requires the destruction of PCR information after 5 years.
Jafri had argued that the our bodies of these killed within the Godhra prepare tragedy had been handed over to a non-public individual, Jaideep Patel of the VHP and the SIT had not probed it.
Rohatgi stated the recognized our bodies had been to be handed over to family members, and people not recognized had been to be despatched to Sola Hospital in Ahmedabad. He stated that Jaideep Patel was solely with him.
On the allegation that the SIT didn’t examine why the 2 ministers went to the police management room in the course of the riots in Ahmedabad, Rohatgi stated it has been probed. Based on this, the SIT got here to the conclusion that just one minister had come and he was sitting in a separate room. He stated it was customary for a minister to stroll into the management room and stated that “the presence of the minister will only boost the morale of the police, that he is not hiding in his house”.
Rohatgi identified that Jafri’s plea has drawn broadly on the statements of former ADGP RB Sreekumar and stated, “It appears that he had turned against the government as he was removed.”
“Sreekumar’s testimony is inspired. He secretly recorded conversations with Home Secretary etc…. They kept all this a secret till they were removed,” he advised the court docket. “Why did it first come out in 2005?”
On Sreekumar’s rivalry that the curfew was not imposed to facilitate the parade of the our bodies of the Godhra victims, Rohatgi stated that Sreekumar was appointed as extra DGP (intelligence) “only from April 9, 2002 (d) two months after the riots”. was posted later. Earlier he was Additional DGP (Armed Unit). So he had no concept… he had nothing to do with the legislation and order subject.”
“(He) was posted a lot after the riots, (but) he says the curfew was not imposed to facilitate the parade. How does he know,” Rohatgi questioned.
The senior counsel additionally stated that although Jafri’s authentic grievance contained the identify of then Bhavnagar Superintendent of Police Rahul Sharma, his identify was lacking from the attraction. “I submit that this is a deliberate omission,” he stated. “Let me read the charge. He is an IPS officer. Consequences of good governance. Why is it missing? Because today Mr. Sibal argues that he is a hero.”
During his arguments, Sibal had stated that Sharma, in his assertion to the Nanavati Commission, had stated that cellphones had been used extensively within the riots and requested, “Here a police officer is saying that the use of mobile phones it was done. Then why didn’t you confiscated the mobile phone? Call records were never checked.”
Sibal stated that Sharma additionally defined how political leaders approached him for bail of the accused and argued that “it shows political interference”.
“Today he (Rahul Sharma) is their hero. They are saying that they had been focused in 2011. Now they’re saying that they did the fitting factor. According to Jafri, Sharma was transferred as a punishment, he stated.
Rohatgi stated that it’s for the federal government to determine the place the providers of a police officer are wanted. “He was shifted from Bhavnagar to Ahmedabad. Otherwise (if it was in the form of punishment), he should have been shifted to some godly place,” submitted Rohatgi.
The arguments remained inconclusive and can proceed on Thursday.
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With inputs from TheIndianEXPRESS
