Justice A S Dave of Gujarat High Court on Thursday declined to hear the petition of the Special Investigation Team challenging anticipatory bail granted to state minister Maya Kodnani and former Vishwa Hindu Parishad leader Jaydeep Patel in the 2002 post Godhra riot cases in Gujarat.
When the matter came up for hearing before Justice Dave, he said "Not before me". The case will now be transferred to the court of another judge and the date of hearing would be decided later.
Justice Dave did not give any reason for not hearing the case.
The Supreme Court-appointed SIT had moved the high court challenging the anticipatory bail granted by a lower court to Kodnani, minister of state for higher education, in the post-Godhra Naroda Patiya and Naroda Gram riot cases in Ahmedabad.
The probe agency had also challenged the anticipatory bail granted to Patel in Naroda Gram case.
Over 95 people belonging to the Muslim community were killed and their properties destroyed in Naroda Patia and Naroda Gram areas by a mob on February 28, 2002, a day after the Sabarmati train burning incident that sparked riots in the Gujarat.
The SIT, in its affidavit, had said some 15 witnesses have claimed they had seen both Kodnani and Patel in Naroda area, instigating the mob.
However, Kodnani and Patel have denied the allegations and claimed that they were at Sola Civil Hospital, some 25 km from the riot-hit area, on that fateful day.
