Gujarat Riots Similar to 1984: Sibal in Case Against SC's Clean Chit to PM Modi

Sibal told the top court, the probe by the SIT was carried out in a way to whitewash the entire investigation.

Zakia Jafri’s protest petition challenged the Special Investigation Team (SIT) that gave a clean chit to the then Chief Minister of Gujarat, Narendra Modi. Image used for representational purposes. 

(Photo: Image Altered by The Quint)

Zakia Jafri, wife of late Congress MP Ehsan Jafri, who was murdered in the 2002 Gujarat riots has challenged the clean chit given to then Gujarat Chief Minister Narendra Modi by the Special Investigation Team (SIT).

Arguing in the Supreme Court, Senior Advocate Kapil Sibal on Thursday, 11 November, said that the 2002 Gujarat riots and the 1984 riots were similar in the way the attackers had hunted down victims. Sibal was appearing for Jafri, when he, according to NDTV, said:

"I was living at Maharani Bagh and there were houses of two Sikh gentlemen that were already identified by the mob. They came only for those houses. Similarly, Muslim houses were identified during the 2002 Gujarat riots.”

Ehsan Jafri was among 68 people who were killed at the Gulbarg Society in Ahmedabad when a mob attacked it on 28 February 2002, a day after the S-6 Coach of the Sabarmati Express returning from Ayodhya at Godhra was burned, triggering the riots in Gujarat.

A bench of Justices AM Khanwilkar, Dinesh Maheshwari, and CT Ravikumar began hearing the matter on Wednesday, 10 November.

Senior Advocate Kapil Sibal, representing Jafri, told the Supreme Court on Wednesday, 10 November, that instead of taking cognisance of the evidence, the probe was carried out in a way to whitewash the entire investigation, Bar & Bench reported.

He also pointed out that there was a bigger conspiracy to teach a lesson and that neither did the SIT arrest anyone nor did they seize any phone. The court should have looked at the gathered evidence independently and the SIT should have been disregarded.

What Arguments Were Made by Sibal on Day One?

Stressing that communal violence is like lava erupting from a volcano, Sibal said, “it’s an institutionalised problem, whenever the lava touches a ground on earth it scars it and it becomes a fertile ground for future revenge”, Bar & Bench reported.

Further questioning the SIT, Sibal asked the apex court to take a look at the transcript of the recordings, which were authenticated by the CBI and not touched by the SIT at all.

As per the tapes, a large number of firearms were transported from outside and even bombs were manufactured in the state. The country-made guns were distributed all over and rocket launcher stands were made using thick pipes, Sibal told the bench.

Explaining that Anil Patel and others were supporters of the Vishwa Hindu Parishad (VHP), Sibal added that Patel also refers to the IB officers and how Sabarkanta VHP supplied arms.

Moreover, Sibal argued, that the testimony of Sreekumar, former Gujarat ADGP, was rejected by the SIT on the ground that he was denied promotion and asked why was it rejected even when it was corroborated by other officers.

‘This Case is About the Future’: Kapil Sibal

Sibal further added that VHP leader Jaideep Patel's mobile phone was not even seized. “There would have been several phone calls but if the phone is not seized then what investigation has taken place? Everything was before the magistrate.”

Moreover, though the bodies of Godhra riot reached Ahmedabad at 3:30 am, the curfew was not declared till 12:45 pm. Meanwhile, about 3,000 people had gathered till 7 am.

Sibal said, “Someone has to ask why was curfew not declared when godhra administration did it?” Bar & Bench reported.

He also highlighted that the death of the kar sevaks were used to create communal tension and that the police did not take care of law and order.

Moreover, Sibal asserted, “Dead bodies were handed over to Jayant Patel of VHP, a non-government person. Bodies and property can only be handed over to the relative. The commission headed by Justice Krishna Iyer and Sawant looked at this.”

However, photographs were taken of the deceased to create an atmosphere of hatred and discontentment, which led to volatile and aggressive funeral processions, he said.

Questioning the police’s role, Sibal said that they, instead of taking care of law and order, were escorting a VHP fellow Giriraj Kishore to the hospital. “Thereafter that person accompanied the 5,000 funeral mobs amidst inflammatory procession,” Sibal was quoted as saying.

Explaining that communal violence is like lava erupting from a volcano, Sibal told the court that he lost his maternal parents to it in Pakistan. “I am a victim of the same. I don't want to accuse A or B. A message must be sent to the world that this cannot be tolerated… This case is not just this case but it's about the future,” Bar & Bench reported.

The Supreme Court will continue hearing the case on Thursday, 11 November.

(With inputs from Bar & Bench.)