27 March,2009 01:46 PM IST | | PTI
Gujarat High Court on Friday cancelled the anticipatory bail granted to state minister Maya Kodanani and VHP leader Jaidip Patel, accused in 2002 riots cases, saying their presence at the scene of the offence is prima facie established from evidence.
The court has also rejected their plea seeking time for further appeal.
Justice DH Vaghela held that presence of Kodanani and Patel at the scene of offence is prima facie established from the evidence produced by the Special Investigating Agency (SIT).
The court observed that the accused did not do anything to quell or control the mob, which killed 106 people at Naroda Patia and Naroda village incidents.
Kodnani is accused in both the cases while Patel is accused in Naroda village case. The court held that the crime committed by the mob was of 'heinous nature' and has 'far reaching implications'.
In its order, the court observed that communal harmony is the hallmark of democracy and religions fanatics are no better than terrorists.
Earlier on February 5, an Ahmedabad sessions court had granted anticipatory bail to the duo when they were declared absconding by the Supreme Court-constituted Special Investigating Team, which is probing a few riots cases afresh.
Kodnani and Patel were declared absconding by the agency in the last week of January this year after they failed to turn up despite repeated summons.
Following the lower court order, SIT had approached the High Court seeking cancellation of the anticipatory bail granted to the accused.
During the course of argument, lawyers appearing for Kodanani had submitted that there was a conspiracy to frame her in the case at a time of parliamentary elections.
They had also submitted that statements given by the witnesses were contradictory and had no credentials.
Meanwhile, Kodnani has resigned after the HC cancelled her anticipatory bail in 2002 Naroda Patiya riot case, according to a Gujarat government spokesperson.
