Ahmedabad:
The Gujarat High Court is expected to deliver order on 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.
A division bench of Justice Akil Kureshi and Justice Sonia Gokani had earlier reserved order on a petition by the NGO Jan Sangharsh Manch (JSM) representing some of the riot victims.
Advocate Mukul Sinha 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. Mr 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, he stated, adding that there are many questions related to 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 demand for questioning of any person.
Mr 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.
The Supreme Court appointed Special Investigation Team (SIT) had questioned Mr Modi over the riots for over 10 hours in 2010.