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Senior Advocate Kapil Sibal on Tuesday informed the Supreme Court that according to an interview by a famous journalist, "The rioters were well-bred Hindu boys," and that nothing more is left to be said, he added.
Arguing for Zakia Jafri in the Gujarat riots matter, Sibal urged the Supreme Court to take action for the future of the polity of the country.
Sibal said, "The issue is with the polity of the country, I'm concerned about when people behave like animals, when people cut off each other, I'm not looking at today, I'm looking at tomorrow."
A bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar was hearing a plea moved by deceased Congress leader Ehsan Jafri's wife Zakia Jafri challenging the clean chit given to the- then Chief Minister of Gujarat, Narendra Modi in the 2002 Gujarat riots matter.
In the context of the speeches given by members of a community including the-then Chief Minister of Gujarat, Sibal said, "In the context of hate speech, it is an expression of not just thoughts but more than that, and that happened in this case, those were not just thoughts, but very lucid statements."
Sibal further added that throughout Gujarat there were only two arrests, that too from the Muslim community, and that there were no preventive arrests.
"In a criminal offense first thing that you do is take statements of the victim, Milords know they were in the camps, did they go there and take statements? They would have known who did this," Sibal added.
Earlier, Sibal had informed the bench that according to the testimonies in the Tehelka Tapes, a "Hindu Jihad" was planned during the Gujarat riots.
He extrapolated on the submission by reading out testimonies from the Tehelka Tapes.
Sibal further had submitted that the Special Investigation Team was hand in glove with the state government. However, the Court said that just because they had not taken Tehelka tapes on record, their motives cannot be blatantly questioned.
Sibal while referring to the manual that was allegedly not followed during the investigation of the matter, said, "The manual is in print, it's a dead soul, you through your judgement give energy to that soul."
Cause Title: Zakia Ahsan Jafri and Anr. Vs. The State of Gujarat and Anr.
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