Prez office refuses to give Narayanan letters

The Rashtrapati Bhavan has refused to furnish the letters written by former President K R Narayanan to the then Prime Minister Atal Behari V...

The Rashtrapati Bhavan has refused to furnish the letters written by former President K R Narayanan to the then Prime Minister Atal Behari Vajpayee before the Nanavati-Shah commission, probing post Godhra riots, claiming privilege over the documents.

In a letter on June 7, 2005, secretary to the President P M Nair has written that under Article 74 (2) of the Constitution, ‘‘the question whether any, and if so, what advice was tendered to council of ministers by the President shall not be inquired into in any court. This Article applies to any exchange of communication between the President and Prime Minister.’’

Besides, the letter also states that under Section 123 of the Evidence Act, the President’s secretariat is not bound to produce the documents solicited by a commission of inquiry.

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The reply from the President’s office comes in response to a request letter from the commission, seeking documents pertaining to the communications during the communal disturbances in Gujarat between the former President K. R. Narayanan and the then Prime Minister Atal Behari Vajpayee.

The commission had first approached Narayanan after he made a statement in a press interview that the Centre did not take adequate steps to control post-Godhra riots in Gujarat, and that there was complicity between the Centre and the state government.

Narayanan confirmed his statement, but said whatever he told the government at that time was part of the official record of the Rashtrapati Bhavan.

The commission has not received any reply from Vajpayee, the then Governor of Gujarat Sundar Singh Bhandari and former Defence Minister George Fernanades to its letters, asking them if they would like to depose before the probe panel.

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The Godhra Commission will be writing to Best Bakery witness Zaheera Sheikh, asking her to cite reasons why she does not want to depose before the Commission.

Advocate Mukul Sinha—who appears on behalf of Jan Sangharsh Manch—had recently requested the commission to summon Zaheera again as she had not replied to several questions put before her during her deposition.

Court adjourns Godhra proceedings till June 21

AHMEDABAD: The designated POTA court on Friday adjourned proceedings in an application filed by the defense counsels in connection with the recommendations of the Pota Review Committee in the Godhra case.

Advocate Mukul Sinha — appearing on behalf of the accused in the Sabarmati train carnage — contended that the prosecution had not filed their reply under Section 321 of CrPC while challenging the recommendations of the POTA Review Committee and this was clearly a contempt of the court. However, special public prosecutor H M Dhruv cited judgements of the Gujarat High Court and stated that the reply submitted before the court is maintainable and it can be also entertained by the court. The POTA court has adjourned proceedings till June 21. —ENS