SC GUJARAT RIOTS

ing he chaired in February 2002.

Senior advocate Kapil Sibal, who represented the petitioners, argued the allegations against Modi were based on those former police officer Sanjiv Bhat, who claimed to be present at the meeting, levelled. SIT concluded Bhatt was not at the meeting and hence there was no other way to confirm the allegations.

Sibal linked the larger conspiracy to bureaucrats, politi- cians, public prosecutors, police, ruling Bharatiya Janata Party affiliates VHP, Bajrang Dal, and other state functionaries. He cited Tehelka magazine’s sting operation in which several people were caught on camera confessing to their acts of commission and omission during the riots, which SIT did not probe as part of a larger conspiracy.

The SIT objected to the reopening of the larger conspiracy probe. It said any attempt to do so will affect trials in riot cases decided and impact appeals pending before the higher courts. SIT said it found the Tehelka sting to be unreliable after recording statements of 13 out of the 18 persons caught on the tapes. The SIT said the administration was overwhelmed and police were complacent and can be charged with dereliction of duty but there was nothing to establish a criminal conspiracy. Solicitor General Tushar Mehta accused the petitioners of attempting to malign the state while questioning Setalvad’s credentials. He said Setalvad wants to keep the pot boiling by seeking further investigation, which will be a travesty of justice that should not be encouraged.