Modi wanted or not, asks state High Court

Ahmedabad: The Gujarat High Court on Monday asked the Nanavati Commission, which is probing the 2002 riot cases, to clarify by April 1 whether it will summon Gujarat Chief Minister Narendra Modi in the matter.

A division bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi sought this information from the government pleader while hearing an appeal by Jan Sangarsh Manch (JSM), an NGO representing the 2002 riot victims.

When the matter came up for hearing today the court asked the government pleader to get clarification from the Nanavati Commission by April 1 with regard to its order of September 2009, and inform the court whether its decision not to summon Modi and others was a final decision or a tentative one.

The Nanavati Commission, in September last year had disposed of JSM's application asking for summoning of Modi and others saying that it did not find justification in cross-examining them at that point of time for the purpose stated by JSM.

The Commission had stated in the order that allegations made in JSM's application were vague and based on wrong or unwarranted assumptions. JSM had sought quashing of the Nanavati 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 with regard to the 2002 riots.

A single bench of Justice K S Jhaveri dismissed JSM's 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.

The JSM then 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.

The Nanavati Commission had last month informed the High Court on the status of its inquiry. The Commission in its letter had said that it had completed analysis of all evidences collected and statements recorded and was about to begin writing the report.

The process of writing the report was likely to take at least three months, it had said. The Commission stated that it had probed about 4,145 cases, which took place between February 27, 2002 and May 31, 2002.

Modi has already been summoned by the Special Investigation Team in the Gulburg society riot case but he failed to appear before the team on Sunday.