Nanavati panel refuses to cross examine Gordhan Zadafia in Gujarat riots

Nanavati Commission, probing the 2002 Gujarat riot cases, today rejected the application of an NGO seeking to summon former minister of state for home Gordhan Zadafia for cross-examination.
   
The commission, however, issued orders to summon an IPS
officer.

The NGO Jan Sangharsh Manch (JSM) in its application has sought summoning of Gujarat Chief Minister Narendra Modi, Ashok Bhatt, Zadafia and IPS officer R J Savani, who was DCP
Zone 5 during the 2002 riots.

The commission, accepting JSM's plea, has ordered summoning Savani for the cross examination.

Since the JSM had not pressed for summoning Modi and Bhatt, the Commission, comprising retd justices GT Nanavati and Akshay Mehta, did not pass any order with regard to the two BJP leaders.

JSM has contended that it would press for calling Modi and Bhatt only after examining the subordinate staff and other ministers.

While rejecting JSMs plea to summon Zadafia, the commission observed, "it appears to the commission that the motive of JSM in making applications for summoning persons named in the applications is not guided by the consideration of assisting the commission but by some other consideration." 

The commission said that Zadafia, who has parted ways with BJP and floated his own party can't be considered as a witness and hence cannot be cross-examined.

"He (Zadafia) has neither filed an affidavit nor given evidence on oath before the Commission...he cannot be said to be a witness as contemplated by section 8C (of Commissions of Inquiry Act)," the commission observed.

The JSM had contended that Zadafia, who was the MoS home during post-Godhra riots, has admitted before the Supreme Court appointed Special Investigation Team (SIT) of making phone calls to some persons who are now accused in the Naroda Patiya riot case.

Zadafia could have revealed many important facts about the riots to the commission, JSM had said.

With regard to Savani, JSM had submitted that he had played a role in bringing the dead bodies of those killed in the Godhra train burning incident to Ahmedabad, and was in constant touch with Zadafia during the post-Godhra riots.

The state government had opposed the JSM's contentions saying that there was no need to summon Zadafia and Savani as their statements have already been recorded by the SIT.

The commission also rejected another application of JSM to summon three officials of Modi's office.

JSM had requested the commission to call officials of Modi's office Omprakash Singh, Tanmay Mehta and Sanjay Bhavsar for cross examination in 2002 riots. These officials have already submitted affidavits to the commission last year.

The commission, while rejecting the plea of cross examining officers, said it will not be useful for the purpose of the inquiry.

"As the commission had not found it necessary to summon those officers as witnesses, question of permitting JSM to cross examine those officers really does not arise," the riot panel further said.

The commission said in the order that the three CMO officials were called by the panel to answer some of the queries regarding an affidavit filed by them, but they had feigned loss of memory about any telephonic conversation they have had between February 27 and March 3, 2002.

The commission contended that request of JSM for cross examination of the officials also deserves to be rejected on
merits.