[The Supreme Court is apparently yet to rule on the
plea that Modi be booked as a co-conspirator in the
Sohrabuddin murder case based on his (confessional)
statement.
This is evidently far more important than the alleged
case of contempt of the court or for that matter model
poll code violation.]
I.
http://www.hindu.com/thehindu/holnus/000200712121652.htm
Supreme Court issues notice to Narendra Modi
New Delhi (PTI): The Supreme Court on Wednesday issued
notice to Gujarat chief Minister Narendra Modi, on a
plea seeking contempt action against him for his
election speech allegedly justifying Sohrabuddin
Sheikh's fake encounter killing.
"Let the notice be issued", a Bench comprising
Justices Tarun Chatterjee and Dalbir Bhandari said.
The Bench said that at this stage, the contemnor need
not be present in person.
The Gujarat Government vociferously opposed the
argument seeking a notice against the Chief Minister
and said that it was not the stage for issuing notice
as the state assembly elections were on.
However, senior advocate Dushyant Dave, appearing for
Sohrabuddin's brother Rubabuddin Sheikh and Additional
Solicitor General Gopal Subramaniam, assisting the
court as amicus curiae, said the state government was
simply giving an excuse and it was a case of contempt
requiring issuance of a notice.
II.
http://in.reuters.com/article/topNews/idINIndia-30952420071212
Supreme Court pulls up Modi over Sohrabuddin remarks
Wed Dec 12, 2007 6:03pm IST
NEW DELHI (Reuters) - The Supreme Court asked Narendra
Modi on Wednesday to explain why he apparently
justified the extra-judicial killing of Sohrabuddin
Sheikh in a campaign speech last week.
The chief minister of Gujarat is already under
investigation by the independent Election Commission
for his remarks about the staged killing of Sheikh,
shot by police on the pretext that he was planning to
kill Modi in 2005.
Last week, India's election panel asked Modi to
explain his remarks, saying he appeared to have
violated its Code of Conduct by fanning communal
hatred.
Modi replied by saying he was only responding to a
remark by Congress party leader Sonia Gandhi who
labelled his government "merchants of death".
Modi is accused of turning a blind eye to or actively
encouraging Hindu-Muslim riots in 2002 in which
between 1,200 and 2,500 people were killed, most of
them Muslims.
He swept the elections held later that year on an
overtly communal campaign, and is now facing the
electorate again in what analysts say is a close race
with Congress.
The Supreme Court said Modi was wrong to comment on
Sheikh's killing because the matter was sub-judice. It
is also hearing a petition seeking to make him a
co-accused in the case.
Modi had asked a campaign rally what should be done
with a man who had hidden AK-47 rifles, was wanted by
police and had relations with Pakistan.
When the crowd shouted "kill him, kill him", Modi
replied: "Does my government need Soniaben's (Sonia
Gandhi's) permission for this?"
The court's action came in response to several
petitions. It has, however, exempted Modi from
appearing in person and set no date for his reply.
Political analysts were divided about the implication
of the court's action. One said it would adversely
affect Modi's image, while another said it would
rebound in his favour by mobilising his Hindu
supporters.
The first round of voting took place on Tuesday, with
a second on Sunday and counting slated for Dec. 23.
III.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070035640&ch=12/12/2007%208:06:00%20PM
Congress hails SC notice to Modi
NDTV Correspondent
Wednesday, December 12, 2007 (New Delhi)
Congress on Wednesday hailed a notice by the Supreme
Court to Gujarat Chief Minister Narendra Modi, saying
it has come close on the heels of the Election
Commission notice to him over his alleged Sohrabuddin
remarks.
Alleging that Modi ruled Gujarat in a ''fascist''
manner and did not respect law and Constitution or any
Constitutional authority, AICC spokesperson Jayanthi
Natarajan said the law of the land would take its
course.
She said the party hoped the Supreme Court would deal
suitably with the ''man who sponsored riots'' and
''came to power on the dead bodies of Godhra''.
Natarajan noted that the Supreme Court's notice to
Modi came on the heels of the Election Commission's
notice to him as also strictures passed by several
courts against him and his government.
She claimed that the people of Gujarat would give a
''fitting reply'' to Modi by ousting him and sending
him into political oblivion.
Attacking the Opposition party, Natarajan said even
former Prime Minister Atal Bihari Vajpayee did not
believe that Modi would come back to power.
''I infer that Vajpayee not writing a letter to Modi
means he does not support him and does not believe he
will win,'' she said.
She claimed that the party's feedback from Gujarat was
that Modi will be ''decisively voted out''.
Contempt notice to Modi
The Supreme Court has issued a contempt notice against
Gujarat Chief Minister Narendra Modi for his remarks
justifying the extra judicial killing of Sohrabuddin
Sheikh in 2005.
However, the apex court exempted Modi from personal
appearance. The Bench said that at this stage, the
contemnor need not be present in person.
The court also rejected Gujarat government's appeal to
put off hearing on account of polls.
Last week, the Election Commission had issued notice
to Modi for the same speech.
The case was in the Supreme Court when Modi made that
controversial remark. The notice asked why action
should not be taken against Modi for interfering with
the judicial process.
''Let the notice be issued'', a Bench comprising
Justices Tarun Chatterjee and Dalbir Bhandari said.
During a recent election rally Modi had allegedly
justified the fake encounter killing of Sohrabuddin.
However, senior advocate Dushyant Dave, appearing for
Sohrabuddin's brother Rubabuddin Sheikh and additional
solicitor general Gopal Subramaniam, assisting the
court as amicus curiae, said the state government was
simply giving an excuse and it was a case of contempt
requiring issuance of a notice.
The Supreme Court was hearing a bunch of petitions
asking the court to take action against Modi.
One of the petitions was filed by Sohrab's brother
Rubabuddin Sheikh who asked for an FIR to be filed
against the Gujarat Chief Minister.
Also lyricist Javed Akhtar's petition sought
initiation of appropriate action against Modi for
''inciting people on communal lines'' during an
election rally.
The petitioners wanted the case to be transferred out
of Gujarat as a fair trial is not possible in the
State.
The Election Commission is still to announce its
decision on Narendra Modi's remarks on the fake
encounter killing of Sohrabuddin. (With PTI inputs)
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