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Two contempt pleas against Modi on Lokayukta issue

Gandhinagar, Sep 5 (IANS) Two contempt of court petitions were filed Monday in the Gujarat High Court against Chief Minister Narendra Modi for writing to Prime Minister Manmohan Singh on the Lokayukta issue when the issue is before the court. Two public suits were also filed over the inordinate delay in filling up the post.

All the four petitions, besides the state government’s petition challenging the appointment of Justice (retd) R.A.Mehta as the Lokayukta, will come up for hearing on Sep 7.

Appearing for rights activit Bhikhu Jethva, his counsel Anand Yagnik has contended that the chief minister going public with his statements on the issue while the high court is seized of the matter amounts to interference in the functioning of the judiciary and thus is in contempt of the court.

Modi had written to the prime minister demanding annulment of the warrant of appointment of Mehta as the Lokayukta. ‘By consciously disclosing the letter written to the prime minister on the subject matter of the ongoing judicial proceedings and making it public, the chief minister has deliberately committed criminal contempt,’ Yagnik contended.

‘The criminal contempt is much more serious and grave as it indirectly and by implication questions impartiality, honesty and integrity of the chief justice of Gujarat High Court,’ he added.

Meanwhile, the Jan Sangharsh Manch represented by counsel Mukul Sinha has also moved a plea before the high court to issue a suo motto notice against the chief minister and ‘not hear the petition filed by the government till the CM (chief minister) purges the contempt’.

The other two PILs have also been filed by the Gandhi Sena Trust and the Dhrangadhara Prakruti Mandal.

Governor Kamla Beniwal appointed Mehta as Gujarat’s Lokayukta last month, a choice about which the ruling Bharatiya Janata Party (BJP) led state government had reservations, making it move the high court.

The state had sought to make the governor a respondent. A division bench comprising Justice Akil Kureshi and Justice Sonia Gokani had asked the government to file an amended petition as its plea could not be accepted under Article 361 of the constitution.

Advocate Vijay Nagesh said that as the governor could not be a respondent to the petition, Beniwal’s name had been removed. Now the first respondent would be Mehta and second the registrar general of the high court.

For over seven years, the post of Lokayukta has been lying vacant in Gujarat. In June 2011, the chief justice recommended Mehta’s name. The state government asked him to rethink his choice, but the same name came up again Aug 2.

The Gujarat High Court had earlier issued notice to the state government in a public suit pleading for the appointment of a Lokayukta. It was filed by Bhikhu Jethva, father of Right To Information (RTI) activist Amit Jethva who was shot dead opposite the Gujarat High Court last year.

Earlier Amit Jethva too had filed a similar plea in the high court. The state government had then said that the process was nearing completion but nothing came of it.

Lokayukta: Comtempt plea filed against Narendra Modi

Gandhinagar, Sep 5 (IANS) A contempt of court petition was filed in the Gujarat High Court Monday against Chief Minister Narendra Modi for writing to Prime Minister Manmohan Singh on the Lokayukta issue while the state’s petition on this was being considered by the high court.

Petitioner Anand Yagnik said that Modi, in his letter to the prime minister, sought an annulment of the Lokayukta’s appointment at a time when a plea related to the issue was before the court.

Governor Kamla Beniwal appointed retired judge R.A. Mehta as Gujarat’s Lokayukta last month, a choice on which the ruling Bharatiya Janata Party (BJP) has reservations, making it move the hight court.

The court Monday adjourned hearing till Sep 7.

Advocate Vijay Nagesh said that as the governor could not be a respondent to the petition, Beniwal’s name had been removed. Now the first respondent would be Mehta and second the registrar general of the high court.

The state had sought to make the governor a respondent. A division bench comprising Justice Akil Kureshi and Justice Sonia Gokani had asked the government to file an amended petition as its plea could not be accepted under Article 361 of the Constitution.

On August 25, Governor Beniwal appointed Justice R.A.Mehta as the state Lokayukta bypassing the state government. The governor said that she could not remain a ‘mute spectator’ to happenings in the state.

For over seven years, the post of Lokayukta has been lying vacant in Gujarat. Even in June 2011, the chief justice recommended the name of retired Justice R.A. Mehta. The state government asked him to rethink his choice, but the same name came up again Aug 2.

The Gujarat High Court had issued a notice to the state government in a public interest litigation pleading for the appointment of a Lokayukta. It was filed by Bhikhu Jethva, father of Right To Information (RTI) activist Amit Jethava who was shot dead opposite the Gujarat High Court last year.

Amit Jethava had also filed a similar PIL in the high court. The state government had then said that the process was nearing completion but nothing came of it.

Ex-minister fails to appear before Gujarat riots panel

Gandhinagar, Sep 5 (IANS) Former Gujarat minister and Bharatiya Janata Party (BJP) spokesperson I.K. Jadeja Monday failed to appear before the Nanavati-Mehta judicial inquiry commission, probing the 2002 Godhra train carnage and the subsequent communal riots, and sought more time to do so.

Jadeja, who was the urban development minister when the riots broke out, filed an application seeking more time to appear before the panel. He did not cite any reason for his non-appearance Monday.

He would be the second minister to be summoned by the panel for questioning. The commission earlier questioned former state home minister Gordhan Jhadapia but the proceedings were in-camera and cross-examination was not permitted.

It is alleged that Jadeja and another former minister Ashok Bhatt were present at the city police control room during the riots and issued instructions to police.

On Aug 29, the commission quizzed Anil Mukim, the then additional principal secretary to Chief Minister Narendra Modi, and K. Nityanandam, an Indian Police Service (IPS) officer, in connection with the deposition of suspended IPS officer Sanjeev Bhatt before the panel.

The first part of the report submitted by the panel to Modi Sep 18, 2008 has already concluded that the incident was not an accident and the coach was set on fire by a mob comprising of Muslims. The panel also gave a clean chit to Modi.

Contempt of court plea against Modi

Gandhinagar, Sep 5 (IANS) A contempt of court petition was filed in the Gujarat High Court Monday against Chief Minister Narendra Modi for writing to Prime Minister Manmohan Singh on the state Lokayukta issue.

Petitioner Anand Yagnik alleged that Modi, in his letter to the prime minister, sought annulment of the Lokayukta’s appointment even as the court was seized of a plea related to the issue.

Governor Kamla Beniwal last month appointed retired judge R.A. Mehta as the Lokayukta.

–Indo-Asian New Service

rkm/rah/vm

Four killed in Gujarat dairy explosion

Gandhinagar, Sep 3 (IANS) At least four people were killed and twenty injured in an explosion in a dairy in Mehsana town of Gujarat Saturday, a minister said here.

State Urban Development Minister Nitin Patel, who hails from the town, said 17 of the injured have been admitted to hospital.

The explosion was reported in the boiler of Dudhsagar dairy and ten fire tenders have been rushed to the spot amidst reports of a leak of ammonia gas in the plant.

Haren Pandya’s sisters to approach PM for justice

Gandhinagar, Sep 2 (IANS) Following in the footsteps of their late father, the two sisters of BJP leader and former minister Haren Pandya who was killed in 2003 have decided to approach Prime Minister Manmohan Singh in their quest for justice. One sister alleged that Gujarat Chief Minister Narendra Modi was linked to the murder.

The two sisters – Chhaya Pandya and Bharati Pancholi – like their father Vitthalbhai Pandya told mediapersons Friday they were unhappy with the CBI probe and would approach the prime minister seeking his direct intervention as the premier investigating agency works under him.

Meanwhile, Jagrutiben, wife of the former leader, was subdued in her reaction to the high court judgement and appealed to BJP leaders L.K. Advani and Chief Minister Modi to bring the ‘real’ killers to book.

The two sisters in deciding to appeal to the prime minister seem to have taken their cue from government spokesperson Jay Narayan Vyas who on Wednesday had stated that Advani could not be held accountable for the botched up CBI probe in the Haren Pandya murder case as the agency works directly under the prime minister.

While the trial court had sentenced nine people to life imprisonment, the high court absolved all of them of the murder charge while severely criticizing the CBI investigation of the case.

Chhaya told mediapersons that she feels that indirectly or directly, Gujarat Chief Minister Narendra Modi is involved in Haren’s murder.

Magan Barot, counsel for Haren’s late father Vitthalbhai Pandya, said that the central probe agency did not even take the testimony of the family members while Vitthalbhai had demanded that Narendra Modi be questioned in this case. He made it clear that in case the family or any organization wants to take up this case and pursue it further, he would be happy to extend legal support to the cause.

Reacting to Jagruti’s appeal to Chief Minister Modi and Advani, the sisters said that they are not hopeful of any help from them.

‘Our father Vitthalbhai was forthright in stating that Haren’s murder was political and directly or indirectly, Gujarat Chief Minister Narendra Modi has a role in it. We are only taking it further for we stoutly believe in it,’ said Chhaya Pandya.

Haren Pandya, former minister of state for home, was shot dead on the morning of March 26, 2003.

The case acquired political overtones after his family claimed that it was a political murder. The CBI which investigated the case had arrested 15 people out of the 19 named as accused.

A designated POTA court had convicted 12 people June 25, 2007, with nine of them being given life term. On Monday, the state high court acquitted the 12 of murder.

The CBI investigation of the case has come under criticism by the division bench in its judgement.

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