Backing Gujarat Chief Minister Narendra Modi,the BJP on Monday rejected the amicus curiae report on Zakia Jafri case saying that law is guided by evidence and due process and not the opinion of a lawyer.
There is no provision under Code of Criminal Procedure (CrPC) 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. The police is trained for investigation but a lawyer is not, senior BJP leader Arun Jaitley said,rejecting the damaging contents of the report by Raju Ramachandran which has maintained that Modi can be tried under different sections of the IPC for promoting enmity during the 2002 Gujarat riots.
The BJP underscored that the SIT report,which followed the amicus curiae report,has given a clean chit to Modi.
Criminal trials are to be conducted under due process of law and not on the basis of opinions. If after considering the opinion of amicus curiae the investigating agency,SIT,is of an opinion then that opinion is final,subject to what a trial court can do, Jaitley said.