Ahmedabad: Gujarat High Court on Tuesday reserved
order on a petition seeking a direction to the Nanavati
Commission to call Chief Minister Narendra Modi for
questioning in connection with the 2002 post-Godhra riots.
A division bench of Justice Akil Kureshi and Justice
Sonia Gokani reserved order on a petition by the NGO Jan
Sangharsh Manch (JSM), representing some of the riot victims.
The court is likely to give its order in the case on
JSM lawyer Mukul Sinha had approached the High Court
after the Commission of Justice G T Nanavati and Justice
Akshay Mehta, probing the 2002 riot cases, had rejected JSM`s
plea to summon Modi.
Sinha had submitted in the court that Modi should be
summoned by the Commission as the role of the Chief Minister
falls within the ambit of the probe panel`s inquiry.
The state government itself, in new terms of reference
announced in 2005, had given the probe panel the liberty to
examine the conduct of the Chief Minister, he stated, adding
that there are many questions related to riots that could be
answered only by Modi.
Advocate general Kamal Trivedi appearing for the state
government said the appeal was not maintainable under law as
the Commission`s Act does not allow any third party to demand
for questioning of any person.
Trivedi said it was for the Commission to decided whom
should it call for questioning.
He suggested that the court leave it to the Commission to
decide on whether to summon Modi or not as its works under its
own rules and procedures as per the Commission`s Act.
The Supreme Court appointed Special Investigation Team
(SIT) had questioned Modi over the riots for over 10 hours in