When it comes to anything legal about Narendra Modi, Delhi’s Legal system it would seem leaks like a sieve. So we have a choice of leaks on the Amicus Curiae report across media outlets from The Hindu to the Times of India. The difference in emphasis between The Hindu and The TOI was stark though. While The Hindu tried to overplay a recommendation on a possible chargesheet against Narendra Modi, the TOI tempered its leak with a focus on a recommendation to press charges against specific Gujarat Police Officers.
The pre-emptive leak of the Amicus Curiae report is yet another instance of an oft repeated pattern followed by the anti-Narendra-Modi NGO activists. The leaks are meant to prejudice an already polarized public opinion irrespective of legal merit or Judicial consequence. It is significant that atleast the Times of India made it a point in its leak to rightly highlight the following
#1 the Amicus Curiae report here is not an independent investigation
#2 the Amicus Curiae has uncovered no new facts
#3 the Amicus Curiae has merely expressed an opinion that dissents with the professional opinion of a Supreme Court Appointed Investigation Team
To begin with the Supreme Court has gravely erred by injecting an element of doubt into the professional opinion of a professional investigation/prosecution team by calling for an Amicus Curiae review in the first place. This sets a dangerous precedent where every investigation will second guessed and every instance of prosecutorial discretion will be questioned on its legitimacy and credibility.
The Amicus Curiae opinion expressed in this report is nothing more than a dissenting opinion that is about as weighty as the millions of letters to the editor, tweets and blogs that routinely express opinions of dissent. It cannot and should not be the basis for reversing the professional decisions of the SIT in the absence of substantiative new facts or evidence.
One sincerely hopes the SIT uses its judgement and discretion in putting the Amicus Curiae opinion in perspective leaving no room for 2002 riot victims to entertain any further lingering doubts on whether justice has been done to them. One also sincerely hopes the Magisterial Court empowered to take notice of this report, deals with it in a manner it deserves.