Press Briefing Friday, 01 May 2009

Shri Kapil Sibal addressed the media today.
 
Shri Kapil Sibal said that today Hon’ble Supreme Court passed a historic decision relating to eight cases of the 2002 Gujarat riots namely the Godhra train burning case, Naroda Patya case, Gulbarga society case, British National case, etc.
 
Shri Kapil Sibal said that in this order, the Supreme Court has directed that the Special Investigation Team (SIT) headed by Dr. Raghavan had been given the ultimate responsibility of ensuring a free trial in all these cases and the Supreme Court would obviously monitor the trial. The SIT would have to give a report every four months on the progress of these cases. The trials would be conducted day to day. Fast track courts will be set up in 5 Districts for these 8 trials.  He added that the order further stated that two senior judicial officers will be appointed by the Chief Justice of Gujarat in these cases. Experienced lawyers will be appointed as public prosecutors. SIT will have a complete say in the appointment of these public prosecutors. At any point in time if the SIT felt that the public prosecutor has betrayed the faith of the SIT, SIT would have the power to appoint a senior or assistant public prosecutor after conveying this to the Advocate General. The SIT has been given the responsibility of ensuring safe passage for witnesses and adequate witness protection. Central Para-military forces will be made available for the protection of the witnesses and witnesses may have to be relocated outside Gujarat for the period of trial. This need to locate them outside and give them protection is being left to the SIT. He said that the Supreme Court has directed that the SIT will appoint officers in all the trials to coordinate between SIT and the court and will re-examine all bail applications and ensure cancellation of bail as and when required. In cases of unruly situations in and outside the courts, the appointed designated special fast track courts would take action and Supreme Court has kept the plea for transfer of trials out of Gujarat pending and has not refused it outright.
 
Shri Kapil Sibal said that the conclusion is that Modi and the Gujarat Government is on trial. This is one of the most historic orders of the Supreme Court which gives a ray of hope to the victims of both the incidents at Godhra, the burning of the train as well as what happened afterwards . The faith of the people in the legal system would have been jeopardized had this not been done. This was long overdue and it is something the Congress Party welcomes.
 
To a question, Shri Kapil Sibal said that the Court does not have confidence in the State investigating agency of Gujarat. Would this then qualify as a vindication of Narendra Modi? The court has ordered for protection of witnesses, would that be a vindication of Modi? He added that in all likelihood Modi must be thinking that even serving of a notice to him is a vindication.
 
To another question relating to Narendra Modi’s statement that Shri Kapil Sibal knew from 15 days before that the Supreme Court would direct an enquiry against him, Shri Kapil Sibal said that this amounts contempt of court and a petition has already been filed in this regard. One would expect a Chief Minister of a state to speak more with more responsibility.
 
To a question with regard to Godhra incident and SIT earlier saying that it was a conspiracy, Shri Kapil Sibal said that the cases have been shifted to ordinary courts and these were not POTA cases any more. The Statutory Advisory committee which was set up said that this (Godhra incident) was not a terrorist act. The Gujarat High Court and the Supreme Court did not interfere with that finding. The SC however said that the Advisory Committee findings could be challenged in the High Court. The High Court however again rejected the plea. The Gujarat Government went to the SC but no stay order was given. And the cases were allowed to be transferred to the ordinary courts. So for all practical purposes the Godhra accused were not terrorists. Thus the spin which had been given by the Gujarat Government flopped and now the Gujarat Government is on trial.
 
On the question of Amar Singh making a statement that Shri Rahul Gandhi is romancing with politics in UP and Bihar and going it alone in these states was mere idealism , Shri Kapil Sibal said that it was the ideals and idealism of the Congress party and its leadership that brought India to this stage in 2009 and he was glad that leaders of the Congress Party still have ideals and idealism and congratulated Shri Rahul Gandhi for having embraced idealism and the ideals for which this nation stands.
 
To a question whether the announcement of a new pension policy amounts to violation of the model code of conduct of the EC, Shri Kapil Sibal said that it was for the Election Commission to decide whether there was any violation or not.
 
To another question relating to Quattrocchi, Shri Kapil Sibal quoted para 4 of the Delhi High Court judgment which read that “even to a pointed query made by this Court as to the evidence shown, the receipt of bribe money, if any, by the public servants either themselves or through the agents namely Hindujas, Quattrocchi, etc, Shri Mukul Rohatgi, Additional Solicitor General of India appearing for the CBI candidly and fairly said that till date there was none. “.  The NDA’s Addl. Solicitor General himself said that they had no evidence against Quattrocchi he said.  Clearly the BJP’s hypocritical stance on this issue stands exposed.




(Tom Vadakkan)

Secretary, AICC