New Delhi: The Amicus Curae report in the 2002 Gujarat riots case has recommended that the case against Gujarat Chief Minister Narendra Modi cannot be closed. CNN-IBN has confirmed a report on the same which appeared in 'The Hindu' on Sunday morning.
The Amicus report says that there must be further cross examination of all witnesses including suspended IPS officer Sanjeev Bhatt.
The report indicates that the Chief Minister could be prosecuted under Sec 153 and 166 of the Indian Penal Code for promoting enmity among communities and failing to discharge duty as public servant.
The Amicus report contradicts the SIT report which had recommended closure of the case against Modi. The Amicus report has said that it is not possible to close the case as there is evidence for prosecution to be initiated.
The 600-page SIT report that looked into allegations against Modi's administration during the riots said that despite ghastly violent attacks on Muslims in Gulburg Society and Naroda Patiya the reaction of the government was not the type which would have been expected of anyone. However, the report didn't ask for prosecuting him further due to lack of evidence.
According to the SIT report, the Chief Minister tried to water down the seriousness of the situation at Gulburg Society and Naroda Patiya by saying every action has equal and opposite reaction.
The SIT report also criticised Modi for appointing pro-VHP advocates as public prosecutors in the riot cases.
But in its conclusion, the SIT report said substantiated allegations don't throw up material that would justify further action under law.
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