High
court reserves order on Jamiat plea
Saturday July 09, 2011 08:19:19 AM,
IANS
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Court
rejects plea to summon cop in Gujarat riots case
A special
designated court trying the 2002 Gulberg Society massacre during
the Gujarat riots Thursday rejected the plea to summon Indian
Police Service officer Sanjiv Bhatt as witness in the case.
Victims' lawyer S.M. Vora moved an application urging the court
that Bhatt be summoned
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Gandhinagar:
The Gujarat High Court Friday reserved its order on Jamiat- e-ulema-e-Hind's
(JUH) application challenging Nanavati-Mehta judicial inquiry
commission's order which rejected its plea of striking off senior
IPS officer Sanjiv Bhatt's deposition from the record.
The division bench comprising Chief Justice S.J. Mukhopadhaya and
Justice Akil Kureshi also decided to keep Jan Sangharsh Manch's (JSM)
petition for questioning former Gujarat home minister Gordhan
Zadafia to dispose with the same.
JUH had contended that the commission has to decide Bhatt's status
while claiming that Bhatt is not a witness.
It was argued that Bhatt was summoned by the panel to furnish
information about his claim of having attended the meetings held
at the chief minister's residence on Feb 27, 2002.
JUH's lawyer Krishnakant Vakharia had argued that no oath was
administered to Bhatt for purpose of his examination as
contemplated under section 4(a) of the Commission of Inquires Act.
Further that under provisions of section 5(2) of the said Act, the
commission has powers to ask any person to furnish information on
such points or matters as it may think useful or relevant for the
inquiry.
During the hearing Friday, the court asked JUH's lawyer
Krishnakant Vakharia as to why they were so eager to strike off
Bhatt's deposition.
JSM had earlier filed a petition in the high court for directions
to the commission to summon the chief minister, three of his staff
members in CMO, Gordhan Zadafia and others for cross examination.
JSM's lawyer Mukul Sinha maintained that if the court permits the
government to question Bhatt then JSM should also be allowed to
question Zadafia, alleging that the probe panel has double
standards. He submitted that on one hand the commission allowed
questions to be asked to Bhatt and on the other refused JSM to
examine Zadafia.
While making clear the commission's stand on Bhatt's questioning,
advocate general Kamal Trivedi submitted that the commission
considers Bhatt as an informer and only allowed examining of him
by others to ensure the truth comes out.
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