Zakia Jafri case: All we want is an investigation, argues senior counsel Kapil Sibal https://cjp.org.in/zakia-jafri-case-all-we-want-is-an-investigation-argues-senior-counsel-kapil-sibal/ SC has started hearing CJP’s Special Leave Petition since October 26
27, Oct 2021
Senior counsel Kapil Sibal argued that the Magistrate and the revisional court (the High Court) were duty bound to take cognisance of the offence committed in the State, but they didn’t. He said, “The duty of the court…that’s the central question the lordships will have to decide…once the Magistrate receives information which according to us constitutes an offence, the Magistrate is duty bound to not only look at the information but also take cognisance of the offence.” Hence, the SIT’s decision (to file closure report) whether an offence was committed or not is irrelevant, he argued.... the evidence in the matter that was part of official records was neither looked at by the SIT, nor the Magistrate and the Gujarat high court. “All we want is that our matter is looked at…if you don’t investigate, just file a closure report, where do we go?”
THE SLP.
In 2018, CJP had filed the SLP seeking clarification of the gross anomalies in the judgements of both lower courts (Magistrate and Gujarat High Court) that are both legal and on the facts of this case. Gujarat HC records that the Magistrate has considered the Closure Report of the SIT and found no substance in the complaint of the Petitioner dated June 8, 2006. Thereafter the Court erroneously goes on to say that the Magistrate provided detailed grounds for not accepting the Protest Petition of Ms Jafri. This, in our submission, is factually incorrect.
the Magistrate wrongly held that it was beyond the scope of his powers to direct further investigation. Besides, key and vital issues placed before the Magistrate, detailing our case and making out a sound and substantiated case of criminal conspiracy and abetment, we argue, have not been duly considered by the Magistrate or the High Court.
Besides, we argue that, an analysis of Police Control Room (PCR Records) shows Dereliction of Duty by First Responders. The conspiracy, as constructed in the Protest Petition also provides proof of:
misreporting and misleading constitutional and statutory authorities
destruction of records relating to Minutes of Meetings, Police Logbooks, Wireless Messages
by those at the helm of power in 2002.
It is on these issues as also on the conscious and erroneous clubbing of the Zakia Jafri complaint with the single incident at Gulberg society (that took place on February 28, 2002 and according to us is just one of 300 incidents and one link In the wider conspiracy) that the lower courts have erred and we seek correction and remedy.