Ahmedabad: The Nanavati Commission, probing
the post-Godhra riot cases, disposed of an application for
summoning Gujarat Chief Minister Narendra Modi and six other
persons, even as it directed three CMO officials to file
affidavits giving details of their telephonic conversation
during the 2002 communal clash.
"Commission does not think it proper to summon the chief
minister (Modi), then home minister (Zadafia) or any other
ministers and question them regarding those incidents merely
on basis of vague allegation based upon wrong or unwarranted
assumptions," the commission said in its order yesterday.
The commission comprising Retd Justices G T Nanavati and
A H Mehta gave its order on an application filed by NGO Jan
Sangarsh Manch (JSM) asking for cross examination of Modi and
six other persons including DCP R J Savani to probe their role
during the riots.
The commission, however, directed three CMO officials to
file affidavits giving details of their telephonic
conversation with some of the ministers and accused of
February 27, 2002 Godhra train carnage as it "is likely to
help in finding out the truth".
The names of three officials figure in the phone call
record CDs submitted to the panel by IPS officer Rahul Sharma.
The order said, "The Commission thinks it fit at this
stage to find out from the officers who were attached to the
Chief Minister`s Office in different capacities if those
telephone numbers belonged to them and if they had talked to
those persons during those days,"
The Commission has directed Omprakash Singh, the then PA
to Modi, to file an affidavit stating whether he had any
telephonic talk with the then state cabinet minister Ashok
Bhatt and minister of state for home Gordhan Zadafia on
February 27, 2002, and the nature of the talk.
It has directed another PA to Modi, Tanmay Mehta to file
an affidavit if he had telephonic talk with VHP leader Jaydeep
Patel on February 28, 2002 and March 1, 2002, and describe the
nature of talk.
Patel is one of the accused in Naroda Gam riot case where
11 members of minority community were killed by a mob on
February 28, 2002.
The commission has further directed Sanjay Bhavsar, also
OSD to Modi, to file an affidavit stating the nature of his
telephonic talk, if any, with Patel on February 27 and 28,
2002 and on March 1, 2002.
During the hearing, JSM`s lawyer Mukul Sinha had
submitted, referring to the CD submitted to the panel, that
some post-Godhra riot accused were in contact with the CMO
between February 27 and March 4, 2002.
Sinha had also submitted transcript of the sting
operation done by `Tehelka`, where one of the accused had
confessed that he had called CM`s office after the Godhra
train carnage incident.
Sinha had stated that mobile phone records and the
Tehelka transcript submitted by him have been included in the
charge sheet filed by the Supreme Court appointed special
investigation team (SIT), probing some of the 2002 riot cases.
With regard to the CDs containing phone call records, the
Commission said, "Though the government has questioned the
credibility of Rahul Sharma and challenged genuineness and
authenticity of the data contained in those CDs... the
Commission has not accepted that submission in toto."
The Commission in its order has also dismissed other
contentions of JSM for summoning Modi and others. One of the
contentions raised by JSM was that the postmortem of bodies
burnt in Godhra incident was conducted prior to inquest at the
behest of the then health minister Ashok Bhatt on Modi`s
instruction.
The commission said this allegation was without any basis
and deserve no consideration.
Another contention by JSM was that Modi had entered the
S-6 coach, burnt during the Godhra train massacre, along with
other party members prior to spot `panchnama` and thereby
disturbed the material evidence.
The commission said, "There is nothing to show that any
evidence was disturbed. Moreover, it is not shown how this
factor has any relevance as regards the role of the chief
minister with regard to the post-Godhra riots."
JSM had also said in the application that the bodies of
the dead were handed over to Patel, an unauthorised person.
The commission said this is an unwarranted assumption
made by the applicant and deserve no consideration.
With regard to JSM`s allegation that Modi had called the
attack on Sabarmati Express as "pre-planned terrorist attack
by one community against other", the Commission said the
allegation was contrary to material on record.
Bureau Report
