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This is an archive article published on April 18, 2009

Kodnani has filed bail plea in haste: court

The Ahmedabad City Sessions Court has said that former state minister Dr Maya Kodnani has filed the bail application in connection with the 2002 Naroda Gam massacre case,in haste.

The Ahmedabad City Sessions Court has said that former state minister Dr Maya Kodnani has filed the bail application in connection with the 2002 Naroda Gam massacre case,in haste.

Investigation is still on in the case and the investigating agency is yet to file the chargesheet,the court said.

Following the observation,the court has now adjourned the hearing on the bail application till April 27.

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Dr Kodnani,one of the accused in the Naroda Gam case,is lodged in judicial custody in the Sabarmati Central Jail. She was arrested by the Supreme Court-appointed Special Investigation Team (SIT),on March 27,and was subsequently sent to judicial custody.

Following her custody,she filed a bail application through her counsel Mitesh Amin.

During the hearing on the bail application,Sessions Judge A K Aswani asked Amin: “Why are you in so much haste?” The judge told him that it is premature to hear the matter of bail as the High Court has also cancelled the anticipatory bail in the case. Earlier on February 5, Aswani had granted anticipatory bail to Dr Kodnani and former VHP general secretary Jaydeep Patel,which was later cancelled by the High Court .

Opposing the bail application,Superintendent of Police P L Mal,who is investigating the case,has now filed an affidavit.

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Mal has appended a copy of the High Court order,saying that the accused cannot be given bail as they have committed an offence,which is more serious than a terrorist act. SIT has also said that investigation of the case is at a critical situation. Besides,being a political person,the accused can influence the witnesses,who live in the same area where the accused has a residence.

It has also said that there are 20 new witnesses whom the accused,who is a sitting MLA of the ruling party,can influence.

SIT to slap IPC charges against Kodnani after court calls her bail plea ‘premature’

The Special Investigation Team (SIT) has sought permission of the Home Department to slap certain charges against Dr Maya Kodnani and three other accused under the Indian Penal Code (IPC). On Friday,the Ahmedabad Sessions Court stated that Dr Maya Kodnani has prematurely filed for bail,as the investigation is still on and a chargesheet has not been filed in the Naroda Gam case.

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The SIT has decided to book Dr Kodnani,VHP general secretary Jaydeep Patel,suspended policeman V S Gohil and Pankaj Parikh under IPC Sections 153 A (Promoting enmity between different groups on grounds of religion,race,place of birth,residence,language,etc,and doing acts prejudicial to maintenance of harmony) and 295 A (Deliberate and malicious acts,intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

Superintendent of Police P L Mal,who is investigating the Naroda Gam case,said: “To book any person under provisions of the two sections,it is mandatory to get the permission of the Home Department. So,we have approached the department for the same,and it is likely to decide on the matter soon.”

SIT sources said that preparation to file the chargesheet in Naroda Gam case has begun and it is likely to be filed in court soon.

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