The Gujarat High Court on Tuesday issued notice to state Minister Maya Kodnani on an application filed by the Supreme Court appointed Special Investigation Team for cancellation of her anticipatory bail in the 2002 Naroda Patia riot case.
The Gujarat High Court on Tuesday issued notice to state Minister Maya Kodnani on an application filed by the Supreme Court appointed Special Investigation Team for cancellation of her anticipatory bail in the 2002 Naroda Patia riot case.
Admitting the petition, Justice DH Waghela, who also issued notice to VHP Leader Jaideep Patel in the same case, posted the matter on March two for further hearing. Minister for Higher Education Kodnani and VHP leader Patel are accused of inciting the mob, which killed 95 people in the 2002 post-Godhra riots.
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Kodnani is accused in Naroda Patiya and Naorda Gam case, while Patel is accused in the Naroda Gam case.
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During the hearing, Special Public Prosecutor in the case JK Panchal submitted before the court that in Naorda Patiya case, 95 people were killed, 38 injured and three are missing after the riot broke out in the area on February 28, 2002.
He further submitted that in Naroda Gam case, 11 people were killed and nine injured during the post-Godhra riots. An affidavit filed by the Supreme Court appointed SIT in the case said, "she (Kodnani) was the leader of mob and was a MLA and allegations against her is she was instigating the mob to commit crime and, therefore, she was playing the main role."
"From one of the statement of witnesses it has been revealed that she had fired from her pistol....and that she had come to the spot in a car with other persons and had distributed swords among the mob," it further said.
The affidavit further said that the lower court had passed the order of granting anticipatory bail to Kodnani without appreciating the affidavit placed on record by the prosecution, and without considering the papers of the investigation.
Both Kodnani and Patel were granted anticipatory bail by the sessions court here on February 5. The lower court while granting anticipatory bail to Kodnani had observed that it is proved that she was part of the mob, but anticipatory bail has been given to her on basis of parity as others who were part of the mob have been given bail.
Earlier, on Thursday last, the matter of anticipatory bail of Kodnani and Patel came up for hearing in the Gujarat High Court in the court of Justice AS Dave, who declined to hear the petition saying 'not before me'.
Being the minister of state for higher education in the Gujarat government, Kodnani is regularly attending the ongoing Assembly session. She had gone underground after SIT declared her an absconder and resurfaced only when the lower court granted her anticipatory bail.
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