The Commission was hearing an application on Wednesday, demanding that Modi, Zadaphia and the then top police brass be summoned to the inquiry and be subjected to cross-examination. The application was filed by the Jan Sangharsh Manch (JSM), a civil rights group representing a section of the post-Godhra riot victims.

The JSM was relying on the CD containing the telephone records of political leaders and police officers. The CD was submitted to the Commission by Rahul Sharma, the then DCP Control Room who was involved in the investigation of prominent riot incidents like that of Naroda-Patiya and Gulburg Society.

Appearing on behalf of JSM, advocate Mukul Sinha said the CD had been admitted and made an exhibit in the case and the State had not objected to it at that time, therefore it was untenable for it to do so now. It was also argued that the conduct and intention of Sharma were irrelevant facts as far as the authenticity of the records contained in the CD were concerned.

Citing the example of Zadaphia, Sinha said he was the Home minister during the riots when it was alleged that the police had behaved in a partisan way and so it was necessary that he deposed before the commission.

The State represented by special counsel Tehtam Nanavati questioned the delay on part of Sharma to disclose the CD and said the CD was a ‘zipped’ and ‘merged’ copy of two master CDs which raised doubts about its authenticity. He said the JSM has not relied on any other evidence other than the CD to support their plea of issuing summons to the CM and others.