Ahmedabad: The Nanavati Commission probing
the 2002 riot cases today kept the option of questioning Chief
Minister Narendra Modi open when it told the Gujarat High
Court that its decision not to summon him was "not final".
The Commission was clarifying its position while
responding to a poser by the High Court on March 22 that it
communicate by today whether its decision not to summon the
59-year-old BJP leader for questioning was tentative or final.
State Advocate General Kamal Trivedi produced a letter
written by secretary of Nanavati Commission in this regard in
the court which was taken on record.
Chief Justice S J Mukhopadhaya and Justice Akil Kureshi
in its order said, "The Nanavati Commission`s letter says that
its order of September 18, 2009 is not final."
"In view of the letter submitted by the Nanavati
Commission the matter has been adjourned till June 17", the
court said.
Modi has already subjected himself to a 9-hour
questioning by the Supreme Court-appointed Special
Investigation Team(SIT) on March 27 on a complaint in
connection with the Gulburg society riot case.
The High Court on March 22 had asked the government
pleader to seek the clarification while hearing an appeal by
Jan Sangarsh Manch (JSM), an NGO representing some of the
victims of the post-Godhra riots.
JSM advocate Mukul Sinha said the Commission informed the
court that they have not yet taken a final decision over
calling Modi for questioning. Sinha did not believe that the
Commission will submit its final report before June 17. "But
it was observed by the High Court that in such case (submission
of final report) it can always have power to pass an order,"
he added.
The Commission in September last year had disposed of
JSM`s plea for summoning of Modi and three others saying
they did not find justification in cross-examining them at
that point of time for the purpose stated by the NGO.
It had stated in the order that allegations made in JSM`s
application were vague and based upon wrong or unwarranted
assumptions.
JSM had sought quashing of the Commission`s order in the
Gujarat High Court and prayed that Modi and three others--the
then home minister Gordhan Zadafia, health minister Ashok Bhat
and DCP(Zone 5) R J Savani, be called for cross-examination in
connection with the riots.
A single bench of Justice K S Jhaveri dismissed its
petition in November last year saying that the Commission has
not completed its inquiry and still has power to summon Modi
under Section 8(b) of Commissions of Inquiry Act.
JSM then filed an appeal before a division bench to seek
quashing of the Commission`s order and issuance of summons to
Modi and three others for cross-examination with regard to the
riots.
The Commission had last month informed the High Court
about the status of its inquiry.
PTI
