New Delhi: The BJP on Monday rejected the report by Supreme Courts amicus curiae that Chief Minister Narendra Modi could be prosecuted for promoting enmity during the 2002 riots,saying the law was guided by due process and evidence and not the opinion of an amicus curiae (who assists the court) or any lawyer.
There is no provision under Code of Criminal Procedure or the Evidence Act for the opinion of a lawyer or an amicus curiae. Investigation is exclusively a police function and not a lawyers function. Police are trained for investigations but a lawyer is not, senior BJP leader Arun Jaitley said.
If,after considering the opinion of amicus curiae,the investigating agency (SIT) arrives at an opinion,then the latters opinion is final,subject to what a trial court can do, Jaitley said.
Congress,however maintained Modi is guilty.
No sensible person can doubt that the Gujarat Chief Minister or BJP did have a responsibility for the post-Godhra riots, party spokesperson Manish Tewari said.