The Justices (Retired) Nanavati and Mehta Commission and the state government have been made party to the petition.

Earlier, JSM had moved an application before the Nanavati-Mehta Commission to summon Modi and six others to examine their role after the 2002 Godhra train carnage and in the subsequent communal riots here. But the Commission had rejected it citing several reasons.

“If the submissions made by the applicant are accepted then, apart from the Chief Minister and other ministers, all government officials and police officers will have to be summoned, as they were directly concerned with maintaining law and order,” the Commission had observed in its order dated September 18, 2009. It had added: “We are of the view that not all but only those persons against whom there are some material to show their involvement in the post-Godhra incidents should be summoned and that too at an appropriate stage.”

Among the six others include the then Home Minister Gordhan Zadafia, the then Health Minister Ashok Bhatt, the then DCP of Ahmedabad City R J Savani and three staff members of the Chief Minister’s Office (CMO) — Omprakash Singh, Tanmay Mehta and Sanjay Bhavsar.

Rejecting JSM’s application, the Commission had asked Omprakash Singh, Tanmay Mehta and Sanjay Bhavsar to file affidavits before the Commission to explain if particular mobile phones belonged to them and if they had talked to some controversial people after the Godhra train carnage.

Challenging the Commission’s order, JSM has contended that when the terms of reference of the Commission itself mention to examine the role of the CM and others after the train carnage and during the riots, the Commission is bound to summon them.