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Court
queries NGO on non-summoning of Modi by riots panel
Wednesday February 23, 2011 09:01:37 PM,
IANS
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Ahmedabad:
The Gujarat High Court Tuesday questioned an NGO on the issue of
non-summoning of Gujarat Chief Minister Narendra Modi and others
by the Nanavati-Mehta judicial inquiry commission probing the 2002
Godhra train carnage and the communal riots thereafter.
The high court query came a day after a special fast track court
in Ahmedabad convicted 31 people and acquitted 63 in the Godhra
train carnage case.
The division bench of Chief Justice S.J. Mukhopadhaya and Justice
Akil Kureshi posed various queries to Jan Sangharsh Manch's (JSM)
counsel Mukul Sinha.
The JSM has been urging the probe panel to summon Modi and others
in connection with the 2002 train carnage and the communal riots
thereafter.
The court wanted to know whether the high court had the
jurisdiction to issue direction to a commission of inquiry.
It also sought to know whether the witnesses before the commission
had a right to cross-examine people appearing before the panel and
if so then under which provision of law.
Sinha submitted that the high court's intervention was necessary
and the court while exercising the extra ordinary jurisdiction had
powers to direct the commission to summon Modi.
He submitted that the commission had to inquire the adequacy or
inadequacy of the administrative measures taken during the
incidents of carnage and riots, role and conduct of the chief
minister and others named in their application.
He said that only Modi, being in the chief minister at that time,
could answer certain questions.
The JSM approached the division bench after its plea was turned
down by a single judge bench.
In April, 2007, the NGO moved an application before the probe
panel urging it to summon Modi and others for questioning, which
was later rejected stating the application was premature and
lacked merit.
The court has now posted the matter for March 14.
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