The Gujarat high court on Monday allowed the Special Investigation Team to take voice samples of the two accused in the Naroda Gam case for matching it with the audio-video evidence in the case.
Justice M R Shah, hearing the SIT's appeal challenging the special riot court's order, allowed the agency to collect voice samples of Babu Bajrangi and former Vishwa Hindu Parishad leader Jaydeep Patel, accused in the Naroda Gam case, where 11 persons were killed during the riots on February 28, 2002.
In March this year, designated judge S H Vora of the trial court had rejected the SIT's application for collecting the duo's voice samples, and observed that the Indian Evidence Act and the Criminal Procedure Code have no 'express and specific' provision for directing an accused to give voice samples 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 their involvement in the post-Godhra riots 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 riot cases that are 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.
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