Citizens for Justice and Peace

Application in the Supreme Court Highlighting the Inadequacies in the SIT Investigation

29, Mar 2011

Advocate for the victims and witnesses in the Gulberg Society Massacre case, S M Vohra, has filed a detailed application urging the Trial Court to order the SIT (Special Investigation Team) appointed by the Supreme Court to rectify the loopholes in evidence brought on record in this case.

The application details how under provisions of the Evidence Act it is critical that the integrity and authenticity of the CD placed on records by Rahul Sharma then DCB Crime before the Nanavati Commission is verified and call records ownership are authenticated and locational reach of mobile towers are proved. By deliberately being lax in tying up the evidence, an escape route could be provided to the perpetrators.

For example
1. The destruction of phone records of Ahsan Jafri has not been probed by SIT nor statements recorded or criminal responsibility pinned on the policemen perpetrators responsible for this offence

2. Similarly the phone records of senior cops like then Commissioner of Police PC Pande who received 15 calls from the Chief Minister’s Office between about 12 noon and 3 pm when both Gulberg society and Naroda were under attack has been left un-investigated with no statement being recorded of Pande or the CMO in this connection.

3. Similarly the location records of then Jt CP Zone IV MK Tandon and DCP PB Gondia, revealed after witnesses were granted an application for further investigation under section 173(8) of the CRPC on 7.9.2009, have also been left un-investigated by SIT.

Further details can be found here.

The same issues had been raised in the Trial Court hearing the Gulberg case and before the Nanavati-Shah Commission in 2010.

Credits: Sabrangindia


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