This was decided on the basis of Advocate General Kamal Trivedi's opinion that there was "no direct evidence" against her.
Maya Kodnani and Bajrang Dal activist Babu Bajrangi, along with 30 others, were convicted for life in the 2002 post-Godhra Naroda Patiya riot case, in which 96 people were killed.
"State legal department, on the basis of Advocate General's opinion, has taken a decision not to file an appeal against the special court's order and not to seek death penalty for Maya Kodnani," Prashant Desai, who has been appointed special prosecutor for SIT (special investigation team) in Gujarat High Court for the case, told PTI today.
"However, Gujarat government has given a go ahead to SIT to seek death penalty for Babu Bajrangi and four others accused who were sentenced for life by the designated court," he said.
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Earlier, the state government had given the permission to SIT to seek death penalty for Kodnani, Bajrangi and eight others in connection with the case.
But in May this year, apparently under pressure of right wing forces, the state government made a U-turn and withdrew its permission to seek death penalty and now, except for Kodnani, it has given its consent to SIT.