Nanavati Commission Declines To Issues Summons to Chief Minister

NANAVATI COMMISSION DIRECTS OFFICERS OF CHIEF MINISTER’S OFFICE TO FILE AFFIDAVIT STATING THEIR TELEPHONIC TALKS BUT DECLINES TO ISSUE SUMMONS TO CHIEF MINISTER

After about two years of Jan Sangharsh Manch making application requesting the Commission to issue summons to seven persons including the Chief Minister Shri Narendra Modi for the purpose if enquiring into the role and conduct of the Chief Minister and/or any other minister in his council of ministers, police officers and political and non-political organizations in the Godhra and Post-Godhra incidents which took place between 27-2-2002 and 31-5-2002, the Enquiry Commission headed by Mr. Justice G.T. Nanavati passed order on 18-9-2009 as under:

1. The Secretary to the Commission is directed to write to Shri Omprakash Singh, who was the then PA to the Chief Minister to submit an affidavit to the Commission stating therein (a) whether the mobile number 9825000836 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Ashok Bhatt or Shri Gordhan Zadafia on 27-2-2002 and (c) if he had a talk with either of them, what was the nature of that talk.
2. The Secretary is directed to write to Shri Tanmay Mehta, who was the then PA to the Chief Minister to submit an affidavit to the Commission stating therein (a) whether the mobile number 9825000837 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Jaydeep Patel on 28-2-2002 and 1-3-2002 and (c) if he had a talk with him, what was the nature of that talk.
3. The Secretary is directed to write to Shri Sanjay Bhavsar, who was then the PA to the Chief Minister to submit an affidavit to this Commission stating therein (a) whether the mobile number 9825037432 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Jaydeep Patel on 27-2-2002, 28-2-2002 and 1-3-2002 and (c) if he had a talk with him, what was the nature of that talk.

The above order was passed by the Commission while declining to issue summons to the Chief Minister Shri Narendra Modi as well as to Shri Ashok Bhatt, the then Health Minister, Shri Gordhan Zadafia, the then Home Minister, Shri R.J. Sawani, the then D.C.P, Zone V of Ahmedabad.

The Jan Sangharsh Manch has decided to challenge the order of the Commission before the High court of Gujarat to the extent where the commission had declined to issue summons to the Chief Minister. The JSM is of the view that after 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 of ministers, police officers and political and non-political organizations in the Godhra and Post-Godhra incidents which took place between 27-2-2002 and 31-5-2002, it was absolutely necessary to summon the chief Minister and other ministers and examine them, otherwise the entire amended terms of reference would get nullified.

Ahmedabad Dr. Mukul Sinha

Date : 19-9-2009 Advocate for JSM