Only probe panel can quiz Sanjiv Bhatt: Jamiat

The Nanavati and Mehta enquiry commission on Wednesday halted the cross-examination of IPS officer Sanjiv Bhatt and deferred proceedings till June 8 after two petitions objecting to the cross-examination were filed before it.

Jamiat Ulama-i-Hind (JUH), which has been appearing before the commission since it was set up to probe the 2002 riots, and Bhatt himself objected to his cross-examination by different parties, including the state government.  Both parties demanded that all proceedings related to Bhatt’s cross-examination on May 16, 23 and 24 be struck off the records.

On Wednesday, when the proceedings started, senior counsel Krishnakant Vakharia, appearing on behalf of both JUH and Bhatt, moved two different petitions seeking that the IPS officer should not be cross-examined as he had not been summoned as a ‘witness’. The lawyer further asserted that the current cross-examination was contrary to the provisions of the Commission of Inquiry Act.

After hearing the argument, the commission halted the cross-examination and reserved its judgment on the issue for June 8.
Talking to DNA, Vakharia said Bhatt had not been called by the commission as a witness and, therefore, no party other than the commission itself could cross-examine him. “Therefore, the entire proceeding conducted by the commission during which others were allowed to cross-examine Bhatt should be struck off.”
In his petition, Bhatt said, “I’m neither being cross-examined by this commission under the provisions of section 4(a) of the Commissions of Inquiry Act, 1952, nor is the commission receiving evidence from me on affidavit under the provisions of section 4(c) of the Act. It would be improper to permit the continuance of the cross-examination by parties whom no such legal right accrues under the act, especially when my affidavit in reference is pending before the Supreme Court.”

Wednesday’s development comes after the state government tried to expose Bhatt’s ‘controversial career record’ by asking him some uncomfortable questions. Senior counsel SB Vakil, who appeared for the state government, had questioned him regarding the controversies and cases lodged against him.    

Even on Tuesday, Bhatt had sought legal assistance which was refused by the commission. The IPS officer had accused the state government of ‘concealing vital documents’ relating to the infamous communal riots of 2002.

The NGO, Jan Sangharsh Manch, and Central Relief Committee had conducted the cross-examination of Bhatt in connection with the affidavit he had filed before the Supreme Court. In the affidavit, he has alleged that, in 2002, Gujarat chief minister Narendra Modi had asked the police to be soft with the rioters.  The IPS officer has further alleged in his affidavit that Modi had asked the state police to “allow Hindus to vent their anger” and that he wanted “Muslims to be taught a lesson”.

The commission had summoned him after he claimed that he had attended the meeting held at the chief minister’s residence late in the evening on February 27, 2002, after 59 people were burnt alive in Sabarmati Express at Godhra railway station.

When questioned by the Central Relief Committee’s lawyer, BM Mangukia, Bhatt had claimed that the former minister of state for home, Amit Shah, had tried to “tutor him to not speak the truth” about the state government’s role in the communal riots. He had also alleged that Modi had tried to undermine the legal process in connection with a petition filed by the renowned danseuse, Mallika Sarabhai, seeking justice for the riot victims.

Explaining a possible consequence of the two petitions filed on Wednesday, Mangukia said that if the commission accepted the applications, then “it would lead to de novo [from the beginning] proceedings” on Bhatt’s deposition.