The Gujarat high court on Monday allowed the Special Investigation Team (SIT) to take voice samples of two post-Godhra riot accused in the Naroda Gam case for matching it with the audio-video evidence.
Justice M.R. Shah, hearing the SIT's appeal challenging special riot court's order, allowed the agency to collect voice samples of Babu Bajrangi and former VHP leader
Jaydeep Patel, accused in the Naroda Gam case, where 11 persons were killed during riots on February 28, 2002.
In March 2010, designated judge S.H. Vora of the trial court had rejected SIT's application of collecting the duo's voice samples, and observed that 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 audio-video evidence with the SIT include the tapes of sting operation by Tehelka, where some of the accused, including Bajrangi, have been allegedly caught confessing of their involvement in the post-Godhra riots in city and how they were given a free hand by some local politicians.
Bajrangi is an accused in two cases — Naroda Gam and Naroda Patiya — of the post-Godhra riots being investigated by the Supreme Court appointed SIT, while Patel is accused in Naroda Gam case. Both have been accused of instigating the mob during the riots in 2002.