The Supreme Court on Wednesday asked the Gujarat government to file a detailed affidavit within two weeks in connection with the bail application of Prakash Rathod, a convict in the 2002 Naroda Patiya massacre case.
A bench comprising Justices A M Khanwilkar and Ajay Rastogi also issued notice to the state government on an application filed another convict in the case for bail on medical grounds.
During the hearing on Tuesday, Aparna Bhatt, a senior counsel who was asked by Justice Khanwilkar to appear and argue for victims/witnesses in the Naroda Patiya case, had opposed the bail application of Rathod.
She had submitted that bail should not be granted to Rathod as he had access to weapons and ammunition. She had also made a mention of how Rathod was instructed to act.
On the basis of witness' statements, his plea for bail was dismissed by courts, Bhatt had said.
Additionally, the Gujarat government had submitted a report to the apex court stating that Rathod's conduct in prison was bad and that he should not be granted bail at this stage.
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The convict had, however, claimed innocence in the case and told the court that he was in jail for a long time and should be granted bail.
According to the prosecution, the rioting took place on February 28, 2002, in Naroda Pattaya area of Ahmedabad in Gujarat, where an irate mob killed 97 people, most of them from a minority community.
The massacre took place a day after the burning of the Sabarmati Express at Godhra, which had escalated into large-scale riots.