The state government and activist group Jan Sangharsh Manch (JSM) have already sought go ahead for Bhatt's cross-examination.
The justice Nanavati and Mehta commission will on Wednesday decide on the crucial issue whether IPS officer Sanjiv Bhatt should be treated as a witness or not. The commission will also decide on an application of renowned danseuse Mallika Sarabhai seeking to conduct cross examination of Bhatt. The state government and activist group Jan Sangharsh Manch (JSM) have already sought go ahead for Bhatt's cross-examination.
The commission, which is inquiring into the 2002 Godhra riots, had halted the cross examination of Bhatt after the Jamiat Ulema-e Hind (JUH) and Bhatt himself objected to the conduct his cross examination by different parties including state government. They also wanted to strike down all proceedings related to Bhatt on May 16, 23 and 24.
Senior counsel Krishnakant Vakharia, on behalf of JUH and Bhatt, on May 25, had moved different pleas that Bhatt shall not be subject to cross examination as he was not summoned as 'witness' and the current cross examination was contrary to provisions of the Commission of Inquiry Act. After hearing the plea, the commission halted the cross examination and reserved its judgment on the issue for June 8.
Bhatt, in his plea 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 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."
The development comes after the state government tried to expose Bhatt's 'controversial career record' by asking him a flurry of uncomfortable questions. Senior counsel SB Vakil, who appeared for the state, questioned him regarding controversies and legal cases lodged against him.
Bhatt in his affidavit before the Supreme Court claimed that Modi had 'allowed Hindus to vent their anger' and wanted 'Muslims to be taught a lesson',in the 2002 riots.The commission had summoned him after he claimed to have attended a meeting held at the chief minister's house on February 27, 2002, after the Sabarmati carnage.
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