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Narendra Modi not to depose before Nanavati, rules Guj HC

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Posted: Feb 01, 2012 at 1129 hrs IST

In some relief to Chief Minister Narendra Modi, the Gujarat High Court on Wednesday dismissed a petition that had sought Modi's presence before the Nanavati Commission in connection with the 2002 riots.

The petition sought a direction from the court to the Commission to summon Modi before it.

Last week, the Gujarat High Court had reserved its order on the petition demanding to summon Narendra Modi and three others at the Nanavati-Mehta Commission for cross-examination.

A division bench of HC comprising Justices Akil Kureshi and Sonia Gokani reserved the order on the application moved by one Amrish Patel from Jan Sangharsh Manch (JSM), which is representing some of the 2002 riots victims at the Commission.

According to the petitioner’s lawyer Mukul Sinha, they had originally demanded a direction to summon Modi. However, the petition was subsequently amended and a direction was sought to the Nanavati-Mehta Commission to summon Modi and four others, which include the then minister of state (home) Gordhan Zadaphia and the three former staff members of the Chief Minister’s Office, Omprakash Singh, Tanmay Mehta and Sanjay Bhavsar. The three were ordered by the Commission to file their affidavits over certain issues but their cross-examination was never allowed by others. The Commission has not summoned Modi at all.

Zadaphia has been summoned and cross-examined.

Originally, the petitioner had moved an application in this regard before the Nanavati-Mehta Commission, which turned it down. The petitioner then moved the HC, where a single-judge bench upheld the Commission’s order.

The petitioner then challenged the order before a division bench comprising the then Chief Justice S J Mukhopadhaya and Justice Akil Kureshi, which heard the petition and kept the order reserved. However, following elevation of Justice Mukhopadhaya to the Supreme Court, the petition was heard afresh by the division bench comprising Justices Akil Kureshi and Sonia Gokani.

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