The Gujarat government on Wednesday challenged the Nanavati Mehta Commissions order rather than submit the list of cases against Sanjiv Bhatt in which its counsel proposed to cross examine him on Tuesday as directed by the Commission.
The government has said that the order has been passed without considering some of its arguments and is against the procedure of cross-examination.
A draft of the list of the incidents to be furnished to Bhatt was prepared,but when a copy of the order was received it was realised that the order contains some additional direction. Therefore,no list of the incidents in terms of the draft or otherwise was furnished to Bhatt yesterday, said the state governments application.
The government did not provide the details to Bhatt by 8 pm on Tuesday. It said the latter part of the order asking it to indicate the involvement of Bhatt in the cases,was not there when it was dictated and pronounced in open proceedings.
On Tuesday,following strong objection by Bhatt against the alleged slanderous campaign initiated by the state government in asking him questions related to the cases pending against him,the Commission had directed the state government to prepare a list of cases on which it wanted to cross-examine Bhatt and submit the same by 8 pm.
The Commission also directed the state government to indicate the involvement of Bhatt in those cases.
Seeking recall of the order,the state government said that during the hearing on the issue,it had submitted that the Commission had permitted four other parties to cross-examine Bhatt without asking them to provide any such list.
The state government has also called the order against the procedure of cross-examination whereby the cross-examining party requires to furnish any list of events or the involvement of the deponent in those events prior to cross-examination.
Such direction to provide the list to the deponent before the cross-examination,the government said,would…defeat the very object of cross examination.
State government counsel Prakash Jani said the application has been kept for hearing on June 8.