Guj court allows voice sampling in post-Godhra riots case

SIt will now have access to voice samples of two accused of inciting riots

PTI | December 6, 2010



The Gujarat high court today allowed the special investigation team (SIT) to take voice samples of two post-Godhra riot accused in the Naroda Gam case for matching it with the audio-video evidence.

Justice M R Shah, hearing the SIT's appeal challenging special riot court's order, allowed the agency to collect voice samples of Babu Bajrangi and former VHP leader Jaydeep Patel, accused in the Naroda Gam case, where 11 persons were killed during riots on February 28, 2002.

In March this year, designated judge S H Vora of the trial court had rejected SIT's application of collecting the duo's voice samples, and observed that Indian Evidence Act and the Criminal Procedure Code have no "express and specific" provision for directing an accused to give voice sample for comparison.

The audio-video evidence with the SIT include the tapes of sting operation by Tehelka, where some of the accused, including Bajrangi, have been allegedly caught confessing of their involvement in the post-Godhra riots in city and how they were given a free hand by some local politicians.

Bajrangi is an accused in two cases -- Naroda Gam and Naroda Patiya -- of the post-Godhra riots being investigated by the Supreme Court appointed SIT, while Patel is accused in Naroda Gam case.

Both have been accused of instigating the mob during the riots in 2002.

Related report:

SIT ignored evidence: former Gujarat DGP

Thiruvananthapuram

Former Gujarat DGP R B Sreekumar today alleged the SIT, which reportedly gave a clean chit to Chief Minister Narendra Modi in post-Godhra riot cases, was not considering "evidences" provided by him and indicated he might approach the Supreme Court on the matter.

"None of the evidences provided by me have been considered by the SIT for reasons known to it," Sreekumar told a meet-the-press programme organised by Press Club here.

Reacting to reports that the Supreme Court appointed Special Investigation Team (SIT) headed by former CBI Director R K Raghavan had found no proof of Modi's complicity in the 2002 violence, Sreekumar, who was then the state intelligence chief, said the leaked information was "credible".

Sreekumar, who had submitted six affidavits to the panel in connection with the riots cases, alleged the SIT functioned as a "B" team of Gujarat police.

He said 35 pages of "evidences" on what happened during the riots in 2002 was submitted to the SIT, which chose to ignore the same.

Alleging that SIT did not follow the procedures, the former Gujarat DGP said that he was consulting lawyers on the possibility of approaching Supreme Court on the matter.

The SIT had submitted its report to apex court on allegations levelled by the wife of former Congress MP Zakia Jaffery that Modi and his close aides aided and abetted the post-Godhra carnage in which her husband was killed.

Replying to a question, Sreekumar said it was not proper to discredit the NGO run by social activist Teesta Setalvad fighting for the riot victims.

Referring to WikiLeaks recent exposure that Lashkar-e-Taiba (LeT) had planned to assassinate Modi, Sreekumar said "Modi is a threatened person".

The threat of LeT was very much there, Sreekumar, who had held various positions in the Gujarat police, said.
 

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