Ahmedabad: Proceedings of the Nanavati Commission was on Wednesday deferred till June 8, following the filing of two applications challenging the cross examination of IPS officer Sanjeev Bhatt, contending that the officer was not called as a witness by the panel.
The first application has been filed by Jamiyat Ulam Hind (JUH) which contended that Bhatt was summoned by the Commission by exercising its power under section 5 read with section 4 of the Commission of Inquiry Act, which means that he was called only to get information and not as a witness.
Therefore the Commission can only examine Bhatt for the purpose of getting useful or relevant information, it said.
Since Bhatt was not called as a witness and not asked to depose under oath, his cross examination by other parties appearing before the Commission would be in breach of the provisions of the section 5(2) of the Commission of Inquiry Act, JUH added in the application.
It further said that since Bhatt has not filed any affidavit before the Commission he cannot be subjected to cross examination by any parties. Also, Bhatt's affidavit before the Supreme Court cannot be a subject matter of examination by the Commission, JUH added.
Bhatt also submitted an application on Wednesday contending that he cannot be cross examined by other parties, including the state government, as the Commission had called him under section 5 of the Commission of Inquiry Act to elicit information from him with regard to the meeting called by Chief Minister Narendra Modi on night of February 27, 2002.
Bhatt further said that he is not being examined by the Commission as a witness and nor was the panel going to receive evidence in form of affidavit from him.
Therefore it would be improper to permit other parties to cross examine him with regard to his affidavit before the Supreme Court, which is pending, he added.
Bhatt was examined by the Commission on May 16, after which he was cross-examined by the Jan Sangharsh Manch, the Congress party, the Central Relief Committee and the state government.
Bhatt's application comes in the midst of his cross examination by the state government. With regard the proceedings held so far, the JUH in its
application has demanded that all records of cross-examination by various parties should be 'struck off'.
The Nanavati Commission comprising of Retd Justices GT Nanavati and Akshay Mehta, after hearing both the applications deferred the proceedings till June 8, when it would pass an order with regard to these applications.
Bhatt in an affidavit filed in the Supreme Court last month claimed that he was present in the meeting called by Gujarat Chief Minister Narendra Modi on the night of February 27, 2002, where Modi had allegedly instructed his officers to allow Hindus "to vent out their anger" during the clashes and said that he wanted Muslims to be "taught a lesson".
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