The Special Investigating Team (SIT) probing afresh some of the 2002 post-Godhra riot cases and the Gujarat government have sought cancellation of bail granted to former VHP leader and accused Babu Bajrangi.
An application for cancellation of bail of Bajrangi, an accused in rioting at Naroda Patiya and Narod Gam here, was filed in the Gujarat High Court in the last week of July.
When the plea came up for hearing today, Justice Z K Saiyad adjourned the matter till August 30. Special Public Prosecutor J M Panchal said the state government is seeking revocation of Bajrangi's bail on the ground of his statements made during Tehelka web portal's sting operation of 2007. In the video tapes, Bajrangi is purportedly shown boasting about his heroics during the riots and how he had instigated mobs in attacking the minority community. He was arrested in 2002 and later granted bail by the High Court.
Meanwhile, the government and SIT have also challenged an order of the designated court, hearing the Naroda Gam case, disallowing SIT from taking voice samples of Bajrangi and former VHP leader Jaydeep Patel for the purpose of matching them with the voice contained in Tehelka tapes.
Justice Akil Kureshi had issued notices early this week in this regard and fixed further hearing for August 30. In March this year, designated Judge S H Vora, while rejecting SIT's application, had observed that the 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 court had agreed with defence lawyers' contention that law has provision for only specimen signature and handwriting. Comparing voice sample or handwriting is not a subject of police investigation, it had said.
The Naroda Gam and Naroda Patiya cases are among nearly a dozen post-Godhra riots being investigated by the Supreme Court-appointed SIT.
During the communal violence on February 28, 2002, 116 people belonging to the minority community were killed in the two localities in the city. The trial in these cases is being conducted in a special court here on the apex court's direction.