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This is an archive article published on April 2, 2010

Move not to call Modi not final: Nanavati panel to High Court

Days after the SIT summoned and questioned Gujarat Chief Minister Narendra Modi in connection with a 2002 riot case....

Days after the SIT summoned and questioned Gujarat Chief Minister Narendra Modi in connection with a 2002 riot case,the Nanavati-Mehta Commission,probing the Godhra train attack and the riots that followed,has said its decision not to summon Modi and others until now was “not final”.

This was conveyed today by the Commission to the Gujarat High Court which had asked it to clarify its position on the matter.

The Jan Sangharsh Manch (JSM),spearheading the legal battle for riot victims,had moved an application before the Commission to summon Modi and six others in connection with the Godhra attack and the riots. But last September,the Commission turned down the JSM plea.

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The JSM took the matter to the High Court. Justice K S Jhaveri upheld the Commission order and the issue moved to the division bench of Chief Justice S J Mukhopadhyaya and Justice Akil Kureshi.

The petitioner argued that since the terms of reference of the Commission itself have the provision to probe the role of the CM and others,the Commission must summon them. The term of the Commission ends on June 30.

The division bench asked the Commission to clarify whether its decision not to summon Modi and others was final or tentative. The Advocate General today produced in court a letter from the Commission Secretary.

Adjourning hearing on the petition to June 17,the court,in an oral order,observed: “The details of the steps taken by Commission and likely to be taken by the Commission are mentioned in this letter. It appears that order dated September 18,2009 of Commission is not final.”

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