Ahmedabad, Delhi:
Gujarat Chief Minister Narendra Modi is likely to skip appearance on Sunday before the Special Investigation Team (SIT) probing a post-Godhra riots case, sources in the state government said on Saturday. (
Read: Gujarat riots: Modi summoned by Supreme Court panel)
SIT had summoned Modi to remain present before him tomorrow in connection with the complaint of Jakia Jaffri, wife of slain former MP Eshan Jaffri, in the Gulburg society riot case.
Wounded Gulbarg Society wants answers from Modi)
Narendra Modi versus R K Raghavan: The countdown has begun.
Modi has a week starting Sunday to appear before the SIT headed by the former CBI Director to answer to accusations over his role in 2002 Gujarat riots.
No one from the Modi government is willing to comment on if and when the Chief Minister will appear before the SIT. Sources say Modi is willing to appear but wants to get proper legal advice before he does so.
While speculation continues on Modi's appearance, legal experts are questioning the nature of the summons. (
Watch: Gujarat SIT under the scanner)
"The summon has not been issued under section 160 of the CrPC. A notice under no provision of CrPC doesn't make it mandatory for the Chief Minister to appear or even if he appears speak the truth. He is not legally binded to do so," said Mukul Sinha, counsel for riot victims.
The SIT says Modi is not yet an accused in any of the cases, hence it cannot apply legal provisions just yet.
Modi himself realizes, all too well, that if he chooses to appear before the SIT he will have to face uncomfortable questions, particularly those raised by former Intelligence Chief R B Sreekumar.
Now retired, Sreekumar had submitted his official register in which he had maintained verbal instructions given by Modi's office both to the Nanavati Commission and now to the SIT.
Sreekumar alleges:
- He was asked to tap the phone of former Chief Minister Shankarsinh Waghela
- Desist from collecting Intelligence of the Sangh Parivar's activities
- Also not to give the Central Election Commission a correct assessment on the communal situation in Gujarat
"Sixty per cent of the killings took place in Ahmedabad, yet no curfew was imposed there till the 28th of February, 2002. On the 27th, the CM called a meeting at his residence. The Chief Secretary, Home Secretary, DGP were all there and he (Modi) said:
'Bhaiyon, samjho, hinduon ka gussa teen din mein utrega. Beech mein aana nahi. In logon ko kaam karne do," said R B Sreekumar, former ADG, Intelligence, Gujarat.
"The DGP told me that the BJP and the Sangh leaders were directly instructing the field officers to go slow and give a free hand to the rioters," Sreekumar added.
Modi will also have to answer on phone records submitted by the then DCP Rahul Sharma which established how officials in Modi's office were in touch with riot accused.
If Modi appears before the SIT, it will be the first time, he will be questioned for his role in the 2002 riots.
It will also signal the first baby steps towards bringing the riot cases to their logical end.