Two witnesses — Kalu Bharwad and Kanu Bharwad — in the 2002 Naroda Gam riots case on Monday denied having seen some of the accused, including former BJP minister Maya Kodnani
In March, Kodnani had moved court, saying summons be issued to 14 persons, including Amit Shah, as her defence witnesses.
Mysorewala, now retired, was the first investigating officer in the case who had testified that Kodnani was not present at the spot when the riots broke out. His claim was contrary to what was alleged against Kodnani in the Naroda Gam case.
On the other hand, the SIT, in its reply, has opposed the application, stating that the “defence in order to fill up a lacuna wants to recall the witness.
On August 29, 2012, Yagnik delivered the Naroda Patiya case order, convicting 32 people, among them Kodnani and Babu Bajrangi.
The apex court stayed an exclusive and expeditious hearing of appeal in the Gujarat High Court.
SIT counsel Prashant Desai told this orally before the division bench, headed by justice Ravi R Tripathi.
All 31 convicts have appealed against the sentence but her petition was taken up on priority.
Maya Kodnani and 29 others appealed challenging their conviction in the riots case by a special trial court.
The High Court last year granted bail to Kodnani on grounds of her medical condition as well as merit of the case.
Chhabda has claimed in his petition that there are variations in the witnesses’ statements against him.
On Friday, a division bench heard the argument and posted the matter for further hearing on Monday.
The words ‘conviction and’ added in fourth line at paragraph No. 19 of the order dated 30.7.2014 are deleted.
In November 2013, Kodnani was granted bail on medical ground after which the Gujarat High Court rejected her plea to extend it.
The three-time legislator was also the first woman to be convicted in a post-Godhra riots case.