Nanavati commission must summon Modi – Argues JSM

Nanavati commission must summon Modi – Argues JSM
The Gujarat High Court Tuesday sought answers from Jan Sangharsh Manch’s (JSM) counsel Mukul Sinha on issue of summoning of Gujarat Chief Minister Narendra Modi and others by Justices (Retd.) Nanavati-Mehta enquiry commission. JSM has been demanding the probe panel summon Modi and others in connection with the 2002 Godhra train carnage incident and the subsequent riots that were triggered across the state. A division bench of the court comprising Chief Justice SJ Mukhopadhaya and Justice Akil Kureshi asked as to whether the high court had jurisdiction under Article 226 of the Constitution to direct a commission of inquiry formed under Commission of Enquiries Act. The bench also questioned as to whether the witnesses before the commission had right to cross-examine and if so then under which provisions of law. Sinha submitted that the high court’s intervention was necessary and the court while exercising the extra ordinary jurisdiction has powers to direct the commission. He also submitted that questioning of Chief Minister Narendra Modi, other ministers and police personnel, was essential by the commission. He submitted that the commission has to enquire the adequacy or inadequacy of the administrative measures taken during the incidents of carnage and riots, role and conduct of the chief minister and others named in their application, and the role of political leaders in dealing with the situation. He stated that only Modi, being in power at that time and being the head of the state, can answer certain questions. JSM has approached the high court after it’s plea was turned down by a single judge bench. Earlier, in April, 2007, the NGO moved an application before the probe panel seeking it to summon Modi and others for questioning, which was later rejected stating the application was premature and lacked merit. The court has now posted the matter for March 14 at 2.30 pm as part heard matter. On that day advocate general Kamal Trivedi is expected to argue the case.