Naroda Patiya case: SIT likely to oppose Kodnani’s plea to summon Amit Shah and 7 others as defence witness

Ahmedabad: Convict of sensational Naroda Patiya Massacre case related to 2002 Gujarat riots and former minister Maya Kodnani has filed an application in the Gujarat High Court seeking summons on eight people, including BJP president Amit Shah, to depose as defence witnesses.

97 people were killed in the massacre, one of the over half a dozen cases of 2002 riots which were probed by Supreme Court-appointed Special Investigation Team (SIT).

A special court here had convicted Kodnani along with 30 other accused including Bajrang Dal leader Babubhai Patel alias Babu Bajrangi in 2012. Sentenced with life imprisonment( 28 years) Kodnani, a senior BJP leader was granted bail in July 2014 on medical grounds and delay in hearing.

It is learnt that the High court has sought a reply from the SIT on Kodnani’s appeal. The SIT in all likelihood will oppose it.

After the supreme court instruction to expedited the hearing a double bench of the Gujarat high court, comprising Justice Harsha Devani and Justice A S Supehia, is hearing the case on a daily basis for several months. Recently Kodnani had got permission from the special trial court of the case to examine 14 people, including Shah, as her defence witnesses. In the application in the lower court the former BJP minister, had sought that summons be issued to Shah and 13 others as she wanted to prove that on February 28 2002, the day the riots broke out in Naroda Gram and Naroda Patiya, she was present in the Gujarat legislative assembly. She has submitted that after that she was present at Sola civil hospital, her home at Asarva, the civil hospital in Asarva and the then her home. She had met with Shah in the assembly as well as the Sola civil hospital. Maya was accused of leading and inciting a mob.

The 8 persons whom Kodnani has named to be summoned as the defence witness under the procedure led down in section 391 of the CrPC are – Amit Shah, Dr Dhaval Shah, Dhirajbhai L Rathod, Former-BJP MLA Amrish G Patel, MD Lakhiya, Shantilal Soni, Kantibhai Solanki and Jagdish Ishwar Patel.

As per section 391 of the CrPC the Appellate Court, if it thinks additional evidence to be necessary, can record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate. Kodnani’s petition also cited Section 311 of CrPC which has provision for summoning material witness.

DeshGujarat