New Delhi: Zakia Ahsan Jafri, the wife of slain MP Ehsan Jafri, who had challenged the SIT's clean chit to then Gujarat Chief Minister Narendra Modi in the 2002 Gujarat riots cases, on Tuesday told the Supreme Court that despite stating about the police inaction, complicity and failure of public servants time and again, the cases are not being properly investigated by the Special Investigation Team (SIT).
"I have time and again demonstrated about police inaction, complicity and failure of public servants, admission of police inaction in Tehalka - that is all part of the heading mob mobilisation in Solah Civil Hospital, but where is the investigation," senior lawyer Kapil Sibal, appearing for Zakia Jafri, submitted before the Supreme Court bench, headed by Justice AM Khanwilkar.
Raising a number of questions on the manner in which the Special Investigation Team (SIT) had probed these riots cases in Gujarat, Sibal submitted to the Apex Court, what was the SIT doing despite all kinds of evidences?
He said no immediate action was taken by the Fire department.
"Only two preventive arrests, that too from Muslim community, violence because of bandh because no action taken against the accused persons," Sibal told the Supreme Court.
He alleged that there was delay in deployment of Army, also leading to no investigation in the case.
Sibal said this was not a case of conspiracy, it was a case of offences. "Larger conspiracy can be established only with investigation," he told the Supreme Court.
Sibal went on to say that this was corroborated by the National Human Rights Commission (NHRC), Citizen’s Tribunal, Women’s Parliamentary Committee, and no members questioned.
"In the criminal offence, the first thing you need to do is take the statement of the victim (s)," Sibal told the Supreme Court.
He argued that no statement was taken. "Why were the victim’s statements not taken? Will you call it negligence, will you call it oversight or will you call it turning a blind eye?," he asked.
Sibal said that hate spews out naturally through the media, Magistrate does not deal with it. Government officials told the government to take action, till date no action. Why?
"There is prima facie proof reflected from Tehelka record itself. Question is who all were involved. That would only depend on investigation. That is why we are asking your lordships that there should be some investigation," he said.
"If you attack a community, the object is to attack a community. Even if there was no communication, still it would be termed as conspiracy because the object is unlawful. Had the SIT looked into all these, I would have had no grievance. We are at a stage where no investigation is done," added the lawyer.
He said that any conduct for causing harm would be conspiracy. "My argument is that, it is not for me to demonstrate. A person who imports arms illegally, one who distributes them, one may not know the other, but they are conspirators because the object is unlawful," he added.
The arguments, which remained inconclusive today, will continue before the Supreme Court's same bench on Thursday. (UNI)
