During his questioning by Central Relief Committee advocate B M Mangukia on May 23 in the Commission, Bhatt had alleged that Modi had tried to undermine the proceeding in the petition filed by Sarabhai in the Supreme Court with regard to 2002 riots.
After Bhatt's deposition, Sarabhai moved an application demanding cross examination of Bhatt and his then superior officer former DGP R B Sreekumar.
"The basis for the request made by Mallika Sarabhai before us is the allegation made against Narendra Modi by Sanjiv Bhatt with respect to the writ petition filed by her in the Supreme Court on April 1, 2002," the Commission said in its order.
"Without going into the question whether allegation is true or not, we are inclined to reject the request of Mallika Sarabhai as we are of the view that what Sanjiv Bhatt and (RB) Sreekumar have stated so far before us in this behalf is not sufficient to indicate that the said event falls within the purview of scope of enquiry that this commission is required to make," it said.
The Commission however, made it clear that it was open for Bhatt and Sreekumar to file an affidavit and give further details with respect to the said event to enable the Commission to decide whether it was relevant or likely to help its inquiry.
Sarabhai had stated that Bhatt's allegation was corroborated by the affidavit filed by Sreekumar before the commission and it was a matter of great public importance. She also submitted that in view of the widening of the terms of reference of the inquiry, the event was relevant and fell within the scope of inquiry to be made by the Commission.
Bhatt had also written to the commission after Sarabhai filed her application in October, expressing his willingness to depose regarding the exact role of Modi, former minister Amit Shah as well as the advocates attached with certain law offices in Ahmedabad and Delhi, in undermining Sarabhai's petition in the apex court.
Bhatt is presently out on bail after being arrested on September 30 in connection with an FIR filed against him by a police constable for allegedly threatening and confining him and making him sign a false affidavit.