Court reserves order on Sanjiv Bhatt's deposition

The Gujarat High Court on Friday reserved its order on whether to allow the G.T.-Nanavati-Akshay-Mehta judicial inquiry commission, which is probing the 2002 post-Godhra communal riots, to keep on record the depositions of the controversial State cadre IPS officer, Sanjiv Bhatt, during cross-examination.

A Division Bench of the High Court, comprising Chief Justice S.J. Mukhopadhyaya and Justice Akil Kureshi, was hearing an application of the Jamiat-e-Ulema-e-Hind (JUH) challenging an earlier order of the Nanavati-Mehta commission rejecting the Jamiat's plea for striking off from its records the depositions of Mr. Bhatt.

While reserving its order of the JUH's plea, the Bench said it would simultaneously decide on the petition of the Jan Sangharsh Manch (JSM) — the voluntary organisation representing the riot victims before the commission — on its plea for permission to cross-examine the then Minister of State for Home, Gordhan Zadafia.

JUH advocate Krishnakant Vakharia, in his application, contended that the commission must first decide Mr. Bhatt's “status” — whether he was summoned as a “witness” or as an “informer”. He argued that Mr. Bhatt was summoned by the panel to furnish information regarding his claim of having attended the meetings held at Gujarat Chief Minister Narendra Modi's residence on February 27, 2002.

Mr. Vakharia pointed out that no oath was administered to Mr. Bhatt during his examination as contemplated under section 4(a) of the Commissions of Inquiry Act. He said the commission had the power, under section 5(2) of the Act, to summon anyone to furnish information on such points and matters as it might think useful or relevant.

The JUH had earlier filed a plea before the commission that the depositions made by Mr. Bhatt should be scrapped as he had not been administered oath before being allowed to be cross-examined by the JSM. Though the commission rejected the application, it maintained that Mr. Bhatt was not a witness, but was summoned to seek certain information in relation to his affidavit accusing Mr. Modi of having made anti-minority statements during the riots.

The JSM had earlier filed a petition in the High Court seeking a direction to the commission to allow it to cross-examine Mr. Zadafia and also to summon Mr. Modi and some of the staff members of the Chief Minister's office and others. While accusing the probe panel of “double standards”, JSM advocate, Mukul Sinha maintained that if the court permitted the State government to continue to cross-examine Mr. Bhatt, JSM also should be allowed to cross-examine Mr. Jhadafia.

He pointed out that while the State government was allowed to question Mr. Bhatt, the JSM was denied permission to cross-examine Mr. Zadafia, who was earlier asked to depose before the commission in camera . Gujarat Advocate General Kamal Trivedi said the panel considered the IPS officer as an informer and only allowed his cross-examination to ensure that the “truth comes out”.