Godhra: HC reserves order on sting footage as evidence

Khaitan and his evidence under the jurisprudential scanner

PTI | January 24, 2012



Gujarat high court on tuesday reserved the order on the petition by Salim Zarda, sentenced to death in the Godhra train burning case, seeking that CDs of a TV sting operation be brought on record as evidence in the case.

A division bench of justices Jayant Patel and Paresh Upadhyay reserved the ruling after hearing both the sides today

Jarda, who was awarded death sentence along with ten others in the Godhra case, has also sought examination of journalist Ashish Khaitan, who had carried out the sting operation in 2007. The sting footage shows a person admitting that he gave a false statement against some of the accused.

Senior counsel Nitya Ramkrishnan, representing Jarda, submitted that Special Investigation Team (SIT) appointed by the supreme court which had probed the Godhra case had taken on record the CDs of the sting operation as evidence in the Gulburg and Naroda Patiya riot cases. But, in the Godhra case itself it was not treating the same CDs as evidence, she said.

She further said that the trial court, which gave the verdict in the Godhra case, erred by not calling Khaitan as a witness.

Senior advocate Sushil Kumar, appearing for SIT, however opposed demand to call Khaitan as a witness, now that the trial court had given its verdict and the matter was before the high court.

Kumar said that SIT had applied for the cross-examination of Khaitan regarding his CD, but trial court did not allow that.

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