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| Gujarat High Court rejects plea see |
| 2002 riots: Gujarat High Court rejects plea seeking Narendra Modi's deposition before Nanavati Commission
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| INDIA
, 1-February-2012
2:6:59 AM |
| The Gujarat High Court today rejected 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. The court held that it was the discretion of the commission whether to summon a person or not.
A division bench of Justice Akil Kureshi and Justice Sonia Gokani had last week reserved its order on a petition by the NGO Jan Sangharsh Manch (JSM) representing some of the riot victims in the Nanavati Commission. The NGO is now likely to appeal in the Supreme Court.
The order is being seen as a relief for Mr Modi at a time when his party, the Bharatiya Janata Party, is engaged in high-voltage campaign for elections in five states, including the politically crucial Uttar Pradesh.
The petitioner 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 Mr Modi for cross-examination. The petitioner's advocate, Mukul Sinha, had submitted in the court that Mr 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, Mr Sinha stated, adding that there were many questions related to the riots that could be answered only by Mr Modi.
The state government had contended that the appeal was not maintainable under law as the Commission's Act does not allow any third party to make a demand for the questioning of any person.
Advocate General Kamal Trivedi said it was for the Commission to decide whom should it call for questioning. He suggested that the court leave it to the Commission to decide on whether to summon Mr Modi or not as its works under its own rules and procedures as per the Commission's Act.
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