Ahmedabad, December 16: The Gujarat High Court ordered the Advocate General (AG) to find out from the Nanavati Commission, probing the 2002 post-Godhra riots, in what capacity it had called former Minister of State for Home Gordhan Zadafia for questioning.
The order was passed by a division bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi, while hearing a petition by Jan Sangarsh Manch (JSM), an NGO representing some victims of the post-Godhra riots.
The court has directed Advocate General Kamal Trivedi to inform it by December 28 in what capacity, as a witness or under section 8(b) of the Commission of Inquiry Act, was Zadafia called by the Commission, if he was questioned.
JSM counsel Mukul Sinha had contended that if Zadafia, who was Minister of State for Home during the 2002 riots, was called as a witness they had a right to cross examine him.
Zadafia was questioned on November 19 for over one and half hours by retired Justice G T Nanavati and retired Justice Akshay Mehta of the Commission.
In September last year, the Commission had rejected JSM’s application asking for summoning of Gujarat Chief Minister Narendra Modi and three others for cross examination with regard to 2002 riots, saying they did not find any justification in cross-examining them at that point of time.
JSM then approached the High Court seeking quashing of the Nanavati Commission’s order in November 2009. However, a single bench of Justice K S Jhaveri dismissed its petition saying the Commission had not completed its inquiry and still had power to summon Modi.
Following this, JSM filed an appeal before a division bench seeking quashing of the 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 told the High Court during the hearing on this petition in April this year that its decision of September 2009 of not summoning Modi was “not final”.
The state government had in June extended the term of the Commission, comprising of Justice (Retd) G T Nanavati and Justice Akshay Mehta (Retd) for the 14th time till December 31.
–PTI