India
Nanavati-Mehta commission has to decide on summoning Narendra Modi; it has to submit final report by Dec 31.
Updated : Jun 28, 2010, 11:20 AM IST
The Nanavati-Mehta commission, which has been probing the infamous 2002 Godhra riots, is likely to see a crucial turn in the coming days, with regard to summoning chief minister Narendra Modi, former ministers and bureaucrats.
The commission has been asked by the division bench of Gujarat high court thrice, regarding the status of its work, and whether it intends to summon Modi. The commission, which has already opined that the burning of the S-6 coach was a part of the pre-planned conspiracy, has sought extension for the 14th time, which has been okayed by the state government till December 31.
The commission was formed in March 2002 for three months, to present the truth regarding the Sabarmati Express train burning episode, and the large-scale riots that engulfed the state thereafter. The commission has, by now, been functioning for almost eight years. Many bureaucrats, political leaders, NGO workers and police officials have deposed before the commission.
Now, however, the commission has two crucial responsibilities: to summon chief minister Modi and to deliver the final report thereafter, elaborating on the reasons for the communal riots and naming the culprits behind the heinous massacre.
Two NGOs, Jan Sangharsh Manch (JSM) and Centre for Justice and Peace (CJP), have demanded cross-examination of the CM before the Nanavati commission. Before this, Modi has already faced a nine-hour marathon interrogation from the Special Investigation Team (SIT) appointed as per an order from the Supreme Court.
The questioning by the SIT took place in a closed chamber, and the team put forth their report in a sealed cover, before the SC. As a result, no one knows what Modi said in reply to the questions posed by the team. But if the CM is cross-examined by the Nanavati commission in their open room, it will be available for viewing to the media as well as the common man, which may put the CM in a highly embarrassing situation.
The JSM had sought Modi's questioning in 2007, and the commission delivered their judgment after two years, rejecting the application. The JSM then moved a petition before the single judge of the high court, who also rejected the plea. Now, the ball is in the court of the division bench of Gujarat HC, headed by chief justice SJ Mukhopadhaya. The commission has filed three status reports so far.
In the first report submitted in March, the commission said, "4145 incidents (of communal violence) happened between February 27 and May 31, 2002. The commission has completed analysis of that evidence and material, and is about to start recording its tentative findings on the bases of these incidents. This process is likely to be over within 3 to 4 months and the commission hopes to submit the report in due course."
In the second report, the commission said that the decision to not summon Modi is not yet final. The third report is not disclosed yet, as it has been produced in a sealed cover.
Mukul Sinha, counsel for JSM, said, "I can't understand why the commission has rejected our plea. The state government itself is allowed to examine the chief minister and ministers. Though the commission itself is a public forum, it submits the report in a sealed cover."
Apart from JSM, Teesta Setalwad of CJP, an NGO representing riot victims, also moved a plea to summon Modi. Her plea is yet to be heard by the commission. All eyes are now set upon the high court and commission.