Mobile phone CDs are valid evidence

Though the state government had challenged the authenticity of the CD of the mobile phone records of Maya Kodnani and Jaideep Patel, compiled by IPS officer Rahul Sharma, the Special Investigation Team (SIT) probing the Godhra carnage and ensuing riots in 2002 had taken its help in ascertaining the duo's location on February 28, 2002.

The Gujarat high court also took the CD into consideration while cancelling the anticipatory bail granted to the duo.

While pronouncing its order, the high court said, "Admittedly, the record of the location of the mobile phones of the respondents indicated that the mobile phone of Dr Kodnani was switched off between 7.53 and 9.57 am on February 28, 2002. Her presence was noted at the legislative assembly in Gandhinagar at 8.40 am and thereafter the first call was received by her at 9.57 am and it was recorded at the tower several km from the Naroda area."

The court further said, "However, even after making necessary discount for travelling time from the legislative assembly to Naroda area and from Naroda area and to the place where the first call was received, she could have been at Naroda area for around 40 minutes on the morning of February 28, 2002. Similarly, by virtue of the call records, she could be presumed to have been in Naroda area in the afternoon."

Referring to the presence of Jaideep Patel, the court said, "In the case of the second respondent, the record of the location of his mobile phone indicated his presence in Naroda area at least from 10.11 to 11.18 am and 12.25 to 12.37 pm."