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Can a SIT defend the accused by saying that they were bragging when they made those statements, asked Senior Advocate Kapil Sibal while arguing before the Supreme Court in the case filed by Zakia Jafri challenging the ‘clean chit’ given to then Chief Minister Narendra Modi by the Supreme Court appointed Special Investigation Team (SIT) in the 2002 Gujarat Riots.

“How can a prosecuting agency make such statements?”, added Sibal.

The Senior Advocate further told the court that there was a lot of hate material doing the rounds at the time around which the riots took place which was not considered by the SIT.

“There was a VHP advertisement saying “Khoon ka badla Khoon”, Why did you not arrest them”, asked Sibal.

Sibal further submitted that if the magistrate was showed the tehelka tapes, he would have been duty bound to issue summons.

A bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar was told that the actions of the SIT was a complete cover up.

“When officials are asking to prosecute, why did SIT not investigate. At whose behest were they doing all these. This is a complete cover up. I am sorry, but I have to use the expression”, he added.

Earlier today, Sibal told the court that Tehelka tapes showed that lawyers who were Public Prosecutors revealed “things” that members of the Vishwa Hindu Parishad (VHP) had done and that it would shock the conscience of the Court.