Saturday, August 20 2005 17:39 Hrs (IST) - World Time -

Ahmedabad: An application has been filed before the Godhra inquiry commission today (Aug 20, 2005) stating that the privileges of the President of India as claimed by Rashtrapati Bhavan is 'not absolute' or 'unqualified'.

This objection was filed before the Nanavati-Shah commission after Rashtrapati Bhavan recently cited `President's privileges' and refused to hand over the letters written by the former President K R Narayanan to the then Prime Minister A B Vajpayee in connection with the post-Godhra riots.

Advocate Mukul Sinha representing a section of the riot victims of the 2002 riots in Gujarat filed this application before the Commission probing the Godhra train carnage and its aftermath stating that Naryanan's letters to Vajpayee were not an 'official secret.'

Citing various directives issued by the Supreme Court in the past, including a 1993 case (R K Jain versus Union of India), Sinha told the Commission that the privileges exercised by the President of the country is not 'absolute' or 'unqualified.'

"The former President has no implied authority to withhold any document," Sinha said adding, that "the letters written by Narayanan as the President to Vajpayee asking him to effectively deploy the army in Gujarat and control the riots were not secret and should be made public."

He said that if the Rashtrapati Bhavan in their two letters written to the Commission (the latest being on July17) should also have citied adequate reasons as to why the privileges were being sought.

The letter from Rashtrpati Bhavan on July 17 had citied Section 123 and 124 of the Indian Evidence Act, 1872 and Article 74(2) of the Constitution and had sought special privileges for the President whereby the letters written by him could not be submitted to the Commission.

Sinha had asked for the letters to be produced before the Commission after Narayanan had refused to appear before the Godhra panel in connection with an interview he gave to a magazine in Kerala where he had talked about the post-Godhra riots in Gujarat.

Narayanan had admitted of having given the interview but also stated that he had nothing more to add.

Sinha while addressing media persons after the hearing remarked, 'the letters could probably reveal a secret and could throw some light of any probable negligence by the administration in controlling the riots.'

Commission finished the hearing on the matter today but will deliver an order on the future course of action in the coming days.