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Tapes must stand forensic scrutiny

Legal experts don’t see any hurdle to drawing the Supreme Court’s attention to the vital evidence relating to the bloody carnage in Gujarat five years ago.

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NEW DELHI: Legal experts wouldn’t express their opinion on the veracity of the  statements recorded in the Tehelka sting, but they don’t see any hurdle to drawing the Supreme Court’s attention to the vital evidence relating to the bloody carnage in Gujarat five years ago.

A noted constitution expert said he would first screen the entire revelations before making a comment. But he hastened to add that the normal legal requirement demanded forensic credibility of the revelations captured by the hidden camera. 

Another criminal law expert who is also linked to the Gujarat riot cases finds it strange that various probes that followed the apex court’s directions couldn’t have these versions of activists belonging to BJP, Bajrang Dal, VHP and like-minded organisations. But an application could be filed in the Supreme Court seeking action on the videotapes.
However, the revelations undoubtedly confirm the Supreme Court’s unprecedented strictures against Chief Minister Narendra Modi. The apex court had described Gujarat government as “the modern day Nero’’ while pointing out the State’s inertia in apprehending the key accused in a post-Godhra riot case.

An anguished Bench comprising Justices BN Agrawal and AK Mathur had observed that either the police was “conniving’’ with the accused or was “worthless”.

During the hearing of an anticipatory bail application by Naroda Patiya riot case key accused Sashikant, judges said despite the court’s repeated directions to the Gujarat Director General of Police, it had not been able to apprehend him.

While the then Chief Justice VN Khare ordered a fresh trial of all the accused in the Best Bakery carnage case in Mumbai, another Bench of Justices Doraiswamy Raju and Arijit Pasayat later observed, “those who are responsible for protecting life and properties and ensuring that investigation is fair and proper seem to have shown no real anxiety’’.
“The modern day Neros were looking elsewhere when Best Bakery and innocent children and helpless women were burning, and were probably deliberating how the perpetrators of the crime can be saved or protected,’’ a visibly anguished bench had said. ``Law and justice become flies in the hands of these wanton boys,” they added.

``When fences start to swallow the crops, no scope will be left for survival of law and order or truth and justice. Public order as well as public interest become martyrs and monuments’’, the apex court said.

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