Raju Ramchandran, Supreme Court lawyer and amicus curiae, also differed with the report of the Special Investigation Team(SIT) headed by former CBI director R K Raghavan, which had rejected suspended IPS officer Sanjeev Bhatt's allegations against Modi.
"In my opinion, the offences which can be made out against Shri Modi, at this prima facie stage, are offences inter-alia under Sections 153 A (1) (a) & (b) of IPC (promoting enmity among different groups on grounds of religion) and 153 B (1) (assertions prejudicial to national integration)," Ramchandran said in his 25-page report made public today.
The report by Ramchandran on a complaint filed by Zakia Jaffrey, a riot victim, is in sharp contrast to the "clean chit" given to Modi and others by the SIT last month.
Modi can also be charged under IPC Section 166 (public servant disobeying law, with intent to cause injury to any person, and 505 (2) (statements creating or promoting enmity, hatred or ill-will between classes, the amicus curiae said.
However, the same report says that as far as the SIT conclusion, with regard to the steps taken by the Chief Minister Modi to control the riots in Ahmedabad, is concerned, the same may be accepted "in the absence of any evidence to the contrary".
Ramchandran has based his conclusion about Modi on Bhatt's deposition that Modi had given instructions in a meeting held on February 27, 2002 to "allow Hindus to vent their ire and teach Muslims a lesson in the wake of the Godhra train burning incident".
Despite the SIT rejecting Bhatt's claims, his statements cannot be disregarded, the amicus curiae maintained.
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Jaffrey was today handed over the SC-appointed panel's report, along with that of the amicus curiae, by SIT in the Court of the Metropolitan Magistrate.
Jaffrey's husband, former Congress MP Ehsan Jaffrey, was among the 69 people killed in the riots at Gulberg Housing Society here over ten years ago. (more)