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In a big relief to Chief Minister Narendra Modi, the Gujarat High Court ruled on Wednesday that he would not have to depose before Justice Nanavati-Mehta Commission probing the 2002 post-Godhra riots case.
The petition demanding that Narendra Modi, and three officials at CM’s office, be cross-examined by the Commission was filed by an NGO, Jan Sangharsh Manch, representing some of the riot victims.
The NGO contended that Modi should be summoned by the Commission as the role of the Chief Minister falls within the ambit of the probe panel's inquiry.
Dismissing the plea, a division bench of the High Court comprising of Justice Akil Kureshi and Justice Sonia Gokani said that the nature of powers of the commission are discretionary, and it cannot be forced to allow cross-examination.
The JSM had moved the High Court after the Commission of Justice GT Nanavati and Justice Akshay Mehta rejected its plea to summon Modi.
JSM lawyer Mukul Sinha said that the commission should itself have had called Modi for deposition but it failed to do so.
“We will move the Supreme Court now,” Sinha added.
