Justice Khanwilkar noted from the records that the bodies were handed over to the kith and kin. Mr. Sibal clarified that they were initially given to Jaideep Patel on February 27, 2002, and handed to the kith and kin only a day later.
“How are 3000 people already gathered there? Who made those phone calls? How did anybody know that Jaideep Patel was taking the bodies? Police could not have told people. Somebody must investigate. But the SIT only says that ‘a letter was given, so fine, we will carry out some departmental enquiry against this gentleman (the mamlatdar)'”, he submitted.
“You take the statement of the potential accused, accept it and that is the end of the matter? The magistrate should have said this is not the fashion of investigation! Your Lordships are far too experienced even for me to make submissions on this!”, he pressed.
“How will there be any documentary evidence? They are present at the spot where in their ordinary business they should not be, and their statements are recorded that they did not give any instructions?”, pressed Mr. Sibal.
At this, Justice Khanwilkar observed, “Both aspects have been noted in this report. The conclusion has been given on the basis of that”.
Non-Response Of The Fire Brigade to Over 47 Distress Messages From The Police Control Room
“The SIT has not investigated why the fire brigade not answer a single call!”, advanced Mr. Sibal
Justice Khanwilkar asked, “Someone from the Fire Brigade must have recorded the statement with the SIT”
“No! That is what I am saying!”, replied Mr. Sibal
“Who is to investigate this? We are in 2021, this happened on February 28, 2002. For 19 years, nobody asked the question! Is it not the responsibility of the great SIT which was set up? If it is not the state’s responsibility, who else is responsible?”, he submitted.
“This only goes to show that the investigator wanted to help him. I see this happening in every state, whichever government is in power is helping to protect the accused. That is what the investigations have been reduced to today. Whether it is Delhi or elsewhere. What will happen if we allow this to go on?”, he had commented.
“I am saying in every state, investigating agencies are helping the accused”, said Mr. Sibal
‘We Have Investigated Everything; The Entire Protest Petition, Allegation-By-Allegation, Is Actually Directed Against The Then-CM of Gujarat’- Senior Advocate Mukul Rohatgi For The SIT
“I am not interested in individual acts but in the manner in which the state reacted. I don’t want to allege any culpability on any one person. The manner in which the state acted was far, far removed from established practises! It is shocking!”, Mr. Sibal had responded.
“Maybe so. But despite my friend’s insistence, I will not enter into muddy waters. I am not going to attribute that to the meeting of February 27. Is it not the failure of the state? I am not on one individual. Here, it is about the state inaction, police inaction, lack of investigation!”, replied Mr. Sibal.
“Whatever Your Lordships say will be a part of epoch-making judicial history. We will see how the rule of law ultimately works out. I know Your Lordships will respond with your judgment and Your Lordships will do so eloquently!”, he added to the bench.
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2021-10-28 04:27:23