HC adjourns Kodnani's bail cancellation hearing till Mar 9

Ahmedabad: The Gujarat High Court on Monday adjourned the hearing of an appeal, seeking cancellation of anticipatory bail of minister of state for higher education Maya Kodnani in a 2002 riot case, till March 9.

The Supreme Court-appointed SIT had appealed against a lower court order granting anticipatory bail to Kodnani and former VHP leader Jaydeep Patel in connection with post-Godhra riot cases.

When the matter came up for hearing in the court of Justice D H Waghela, the counsel for Kodnani and Patel S V Raju and Mitesh Amin requested more time to file a reply to the notice issued to them on February 24. The court adjourned the matter till March 9.

Kodnani is accused in Naroda Patiya and Naroda Gam case, while Patel is accused in the Naroda Gam case.

An affidavit filed by the SIT in the case said that Kodnani was the leader of the mob and allegations against her was that she was instigating the mob and therefore played the main role.

The affidavit further said that according to witnesses Kodnani had arrived in Naroda area in a car with other persons and distributed swords among the mob. She had also fired from a pistol, another statement by a witness had revealed, the affidavit added.

Speaking about the lower court order, the affidavit said that the court had passed the order of giving anticipatory bail to Kodnani without appreciating the affidavit placed on record by the prosecution, and without considering the papers of the investigation.

Both Kodnani and Patel were granted anticipatory bail by the sessions court here on February 5. The lower court while granting anticipatory bail to Kodnani had observed that it is proved that she was part of the mob, but anticipatory bail was given to her on basis of parity as others who were part of the mob have been given bail.

Kodnani is a minister of state for higher education and for Women and Child Development in the Gujarat government.

She had gone underground after SIT declared her absconder and had resurfaced only after the lower court granted bail to her.