Will SC ask Modi to appear before Nanavati panel?

Many unanswered questions regarding alleged complicity of the state government machinery during the 2002 communal riots may lead to chief minister Narendra Modi’s appearance before the Nanavati and Mehta inquiry commission probing the 2002 post-Godhra riots.

The Supreme Court, for the first time, made Nanavati Commission the direct respondent and issued notices to the state government along with the inquiry commission to explain various issues raised by the Jan Sangharsh Manch (JSM), the civil rights organisation which had demanded summoning of Modi before the commission four years ago.

All eyes are now on the Apex Court which will decide the issue. The commission, meanwhile, is scheduled to end its tenure on March 31. However, it is unclear whether it will seek its 18th extension from the state government or not.

“It is true that the commission’s existing tenure will end this month but as per my best knowledge, we have not moved any representation to the government for an extension,” said CG Patel, secretary of the Nanavati and Mehta commission.

The commission had hinted that the report would be completed before March 31 during cross-examination of ex-junior home minister Gordhan Zadafia. “Justice (retired) Nanavati told that they will try to come out with a final report before March 31. But the report would be incomplete without the cross-examination of Modi,” said Mukul Sinha of JSM who appears on behalf of riot victims before the commission.

The JSM has lost the battle thrice over the issue of summoning the CM. In 2009, the Nanavati commission rejected their plea on the ground, “there exists no material to summon the chief minister and other people.” The JSM went on to challenge the order before the single bench of the high court and the division bench, where too they had lost the case.

But now the organisation has come out with robust evidences and approached the Apex Court and produced series of events, incidents and statements of the then top government officials to bolster their claim to summon chief minister Narendra Modi.

The seriousness of the issue is evident from the fact that Apex Court issued notice to Nanavati commission directly, something that had never happened during the Gujarat high court proceedings and government represented the commission before the HC.

The JSM has raised serious questions over the conduct of the commission in this matter. “After 10 years of inquiry and examination of a large number of witnesses and collection of considerable evidence on record implicating the chief minister as being culpable for acts of omission and commission, is it legally permissible for the commission to take recourse to its “discretion” to shield the chief minister and other ministers against whom considerable evidence is available?” the JSM asked in its petition, filed before the SC.

The JSM has also raised another question. “If this is the mandate of the Commissions, does there exist any “discretion” not to pursue the truth, shield guilty persons, uphold all kinds of technical objections and spend long years in beating about the bush ultimately to come up with a report which, in the eyes of the public, is seen as an utter failure to do justice?” it asks. 

Advocating the summoning of Modi over various issues including transfer of police officers who acted stern on rioters, decision to bring bodies to Ahmedabad, among many other charges, JSM further raises several other questions like why government failed to curb riots in time, and why immediate action was not taken against culprits etc.