Characterising the testimonies of police officers and activists as “vague allegations” and “unwarranted assumptions”, the Nanavati commission has refused to summon Narendra Modi to question him about persistent claims that the 2002 riots represent orchestrated violence. The commission’s order was issued on Friday and made public on Saturday.
The commission applied the rationale it employed in Modi’s case to reject the plea to summon two of his former cabinet colleagues, Ashok Bhatt and Gordhan Zadaphia.
However, the commission — comprising retired justices GT Nanavati and Akshay Mehta — directed three of Modi’s personal assistants to file affidavits concerning their mobile-phone communication during the riots, from February 28 to March 3, 2002.
In August 31, 2007, the Jan Sangharsh Manch (JSM), a civil rights organisation, had moved an application before the commission asking it to summon Modi, Ashok Bhatt, and Gordhan Zadaphia. The application had also sought the questioning of RJ Savani, who was the DCP of zone 5 of the riot-torn Ahmedabad.
The JSM had wanted Sanjay Bhavsar, Tanmay Mehta and Om Prakash Singh, personal assistants of Modi, to be cross-examined as well. The commission has rejected all eight contentions of Mukul Sinha, the JSM counsel, justifying the need to summon Modi; Bhatt (who was the health minister during the riots); and Zadaphia (who was the home minister then).
“The commission does not think it proper to summon the chief minister or any other minister of the government and question them about the incidents merely on the basis of vague allegations or wrong and unwarranted assumptions,” the commission observed in its order.
The order directs Om Prakash to submit an affidavit stating whether the mobile phone number 9825000836 was registered in his name or otherwise belonged to him. The commission wants to know if Om Prakash had talked with Bhatt or Zadaphia over the phone, and the nature of conversations if any had taken place.
The commission issued similar directives to Tanmay Mehta and Sanjay Bhavsar. They have also been asked to state if they had talked to a former VHP leader, Jaydeep Patel, between February 27 and March 1 2002.
Patel was later arrested in connection with the Naroda Gam case but released on bail. The fact that the trio has been asked to specify their telephone conversations implies that the Nanavati commission has endorsed the data of mobile calls — collected by IPS officer Rahul Sharma — involving conversations between key government figures during the riots.