Ahmedabad: The Gujarat High Court today
asked the government to furnish status report on Nanavati
Commission while hearing a petition seeking a direction for
cross-examination of Chief Minister Narendra Modi and three
others by the panel in connection with the 2002 riots.
A division bench of Chief Justice S J Mukhopadhaya and
Justice Akil Kureshi adjourned the matter till June 25 after
the government counsel sought time for collecting information
from the Commission, whose tenure is to end on June 30.
The Commission probing the 2002 riots comprises retd
Justice G T Nanavati and retd Justice Akshay Mehta.
The petition being heard was filed by Jan Sangarsh Manch
(JSM), an NGO representing some of the post-Godhra riot
The Nanavati Commission had told High Court during the
last hearing in the matter on April 1, that its decision of
September, 2009, of not summoning Modi was "not final".
Lawyer representing JSM, Mukul Sinha, had then requested
the court that in case Nanavati Commission does not call Modi
by June 17, then the Court could pass appropriate orders in
Modi has already been questioned in connection with 2002
riot, for over nine-hour by the Supreme Court-appointed
Special Investigation Team (SIT) on March 27 following a
complaint by one of the victims.
Nanavati Commission, in September last year had
disposed of JSM`s plea asking for summoning of Modi,
the then home minister Gordhan Zadafia, health minister Ashok
Bhatt and DCP Zone 5, R J Savani, saying they did not find
justification in cross-examining them at that point of time
for the purpose stated by JSM.
The Commission had said in the order that allegation
that Modi Government aided and abetted 2002 riots made in
JSM`s application were vague and based upon wrong or
JSM had sought quashing of the Nanavati Commission`s
order in the Gujarat High Court and prayed that Modi and the
three others be called for cross examination with regard to
the 2002 riots.
A single bench of Justice K S Jhaveri dismissed its
petition in November 2009 saying that the Commission had not
completed its inquiry and still had power to summon Modi under
section 8(b) of Commissions of Inquiry Act.
Following this, JSM filed an appeal before a division
bench where it sought quashing of Commission`s order and
issuance of summons to Modi and three others for cross
examination with regard to the 2002 riots.