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RAMESH KUMAR VERMA (pursuing company secretary course)     21 March 2012

Supreme court notice to summon modi

SC notice to summon Modi

 The Supreme Court today issued notices to the Nanavati Commission and the Gujarat government directing the panel to summon chief minister Narendra Modi for questioning in connection with the 2002 riots.

The order came on a petition filed by Jan Sangharsh Manch (JSM), which represents the riot victims. Gujarat High Court had earlier rejected the plea by JSM

The JSM then appealed in the apex court following which a bench of Justices D.K. Jain and A.K. Dave issued the notices, which have to be replied to within four weeks.

Senior counsel Colin Gonsalves appearing for the JSM argued that Modi should be summoned as his role as the chief minister fell within the ambit the panel's enquiry.

The JSM contended that since the government itself had amended the terms of reference for enquiring into the role and conduct of the chief minister and/or any other minister in his council, police, political and non-political organisations in the Godhra and post-Godhra incidents, it was absolutely necessary to summon Modi and other ministers for questioning.

The organisation argued that otherwise the new terms of reference would be a nullity. It also urged the top court to quash the high court order.

The JSM had initially filed an application before the Nanavati Commission requesting it to issue summons to seven persons, including the chief minister, to enquire into their role in the riots.

It had urged the panel to probe Modi's conduct and that of other ministers in his council, police, political and non-political organisations both in the Godhra and post-Godhra incidents.

However, on September 18, 2009, the panel rejected the plea.

The high court on February 1, 2012, rejected a petition seeking directions to the Nanavati Commission to summon Modi. "Narendra Modi does not need to depose before the commission," the high court had said.

The state government on March 6, 2002, had set up a commission of enquiry headed by retired high court judge K.G. Shah to probe into the Godhra carnage and the subsequent communal violence. It was to submit a report in three months.

On May 22, 2002, the state reconstituted the commission under retired Supreme Court judge G.T. Nanavati.



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