The state government has questioned the veracity of CDs submitted by IPS officer, Rahul Sharma, before the Nanavati-Mehta Commision, purportedly having a record of telephone calls made by political and bureaucratic top brass during the riots in 2002, indicating their connivance or inaction.
In its written response to the submissions of the Jan Sangharsh Manch (JSM) before the panel, the state government has said, "It is submitted that the genuineness and authenticity of the said CDs and the accompanying telephone record before the commission are questionable."
The state further said that even if it was assumed that certain phone calls were made between police officials and by personnel from the CM's office, as suggested by a reading of data produced by Sharma, it does not prove that conversations "in fact took place between the holders of the mobile phones."
Hailing the police for the action it took during the riots, the govt said the fact that some ministers and police officers have been named as accused in FIRs lodged by the state police, "categorically suggests that the police have been conducting investigation in an unbiased manner and uninfluenced from any political or government quarters."
The government has also contended that the police investigation record showed that persons holding office, who were found involved either in instigating or committing violence have been dealt with in accordance of law. "The state government never resisted demand of fair investigation of riot cases and, in fact, volunteered for the constitution of Special Investigation Team (SIT) to probe certain cases."
In its response filed by TS Nanavati, counsel of the state government, the state has refuted several submissions of the JSM.
It has said that the submission made by JSM that the post-mortem of Godhra train fire victims was conducted prior to inquest, which was contrary to the provisions of Criminal Procedure Code, at the behest of the heath minister, on instructions of the chief minister, is "factually incorrect."
After a complaint was registered at the Godhra railway station, inquest proceedings began at 1.15pm. Looking at the number and condition of bodies, and considering the law and order situation, the medical superintendent and his team of doctors arrived at the railway yard for performing autopsies. Each body was examined by experienced doctors after it was forwarded to them with a request to perform post-mortem.
The government has also refuted the submission that CM Narendra Modi had gone to Godhra without informing the state intelligence department, home department and local police officials, in a secretive manner. It has said, "There is neither a practice nor requirement in law for the office of the chief minister to inform all agencies about his travel plan."
The state has also refuted that Modi entered the S-6 coach along with several party activists on February 27, 2002 prior to spot panchnama. "The material on record shows that the chief minister viewed the compartment only by climbing steps of the coach without entering the bogie." The government has also blamed JSM for distorting facts and making "incorrect statements".
Justices GT Nanavati and Akshay Mehta adjourned hearing in the matter till Saturday, when advocate general Kamal Trivedi will make his submissions.
