26, Jun 2012

Hearings in the historic Zakia Ahsan Jafri criminal complaint against chief minister
Narendra Modi and others continued today with advocate for the
complainant, Shri Mihir Desai arguing at length stating that there
were five-six categories of documents that were being withheld from
the Court and the Complainant by the Special Investigation Team
(SIT). Elaborating on the detailed application(s) dated 10.5.2012
and 28.5.2012 and the affidavit in support dated 2.6.2012 (attached
here) Shri Desai argued that the first was illegible documents for
which inspection and power of attorney was being given to Ms Teesta
Setalvad.

The second was several sets of documents including all relevant
speeches made by the chief minister at the relevant points of time
that could attract penal provisions under sections 153a, 153b etc,
the Inward and Outward registers of the State Home Department
especially the State IB and the annexures to the first two
affidavits filed by former ADGP Intelligence Shri RB Sreekumar.
Earlier statements and documentary records referred to by either
witnesses or accused in the course of the investigation were also
missing as were the Preliminary Reports filed by the SIT in the
Supreme Court dated 12.5.2010, 14.5.2010, 20.10.2010, 17.11.2011 and
24.4.2011.

The detailed
affidavit in rejoinder of Smt Jafri dated 28.5.2012 points out the
material and substantive contradictions between the SIT’s
Preliminary reports and conclusions and the final conclusions
reached by DCP Crime Himanshu Shukla for the SIT on February 8,
2012. Several files of the records given are in Gujarati and the
translations have also been urged by the complainant given the fact
that the SIT consists of three officers who are from outside Gujarat
and non Gujarati speaking. These translations especially gain
importance given the fact that SIT has reached its conclusions on
closure (meaning no offences have been committed) on the basis or
originals or translations. Finally, the complainant has pointed out
that key documents related to the phone call records of the chief
minister’s office and residence, the Chief Minister’s Office (OSD,
PS, PA) have been omitted from the compilation given by the SIT to
the Court Smt Jafri had filed a detailed Affidavit in Rejoinder to
the SIT reply dated 25-5-2012 refusing her copies of the
Investigation papers (Affidavit dated 2-6-2012 attached). She has
also filed a separate affidavit taking objections to the SIT letter
to her advocate objecting to Ms. Teesta Setalvad’s letters. She has
stated that in the legal proceedings she has received legal
assistance from Ms. Setalvad and her organization right up the
Supreme Court. She has also given legal Power of Attorney to Ms.
Teesta Setalvad concerning all legal proceedings in the case.
(Attached brief affidavit also).

May 28, 2012 – REVISED APPLICATION ON SIT non compliance

June 2, 2012 – Zakia Affidavit in REJOINDER to SIT REPLY