Ahmedabad (PTI): In a huge embarrassment to the BJP ahead of the elections, the Gujarat High Court on Friday rejected the anticipatory bail plea of absconding minister Mayaben Kodnani holding that "religious fanatics are no better than terrorists".

Shortly after Justice D H Vaghela pronounced his order Kodnani, Child Welfare Minister in the Narendra Modi ministry, resigned and surrenderd before the Special Investigating Team (SIT) which took her and the co-accused Jaidip Patel, a senior VHP leader, into custody.

Holding that the presence of Kodanani and Patel at the scene of offence is prima facie established from the evidence produced by the SIT, the judge said, "communal harmony is the hallmark of democracy and religious fanatics are no better than the terrorists".

Kodnani, 53, is accused of leading armed rioters in the post-Godhra violence against Muslims in Naroda-Patiya and Naroda Gaam localities on the city's outskirts that had claimed over 100 lives. She has denied her role. She has been absconding ever since she filed the anticipatory bail plea in January after the SIT, constituted by the Supreme Court, zeroed in on her for her alleged role in the riots.

The court developments came as a huge embarrassment to the party on a day when L K Advani was here to address a rally in Maninagar, Mr. Modi's assembly constituency that comes under Gandhinagar Lok Sabha represdented by the BJP veteran.

The High Court also cancelled the anticipatory bail of Jaideep Patel and rejected the plea of both the accused seeking time for further appeal. As Mr. Modi accepted the resignation, the Congress today said as long as he remained the Chief Minister and the BJP had him as their poster boy the party would have a lot to lose.

But, state government spokesman Jaynarain Vyas said that the rejection of the bail plea was only procedural and the court has not pronounced on her guilt. She was in no way related to terrorism.

"We respect the judgement of the court and we will go by the due process of law," Mr. Vyas said.

Mr. Patel claimed he was innocent and had come to surrender before due process of law. The court held that the crime committed by the mob was of heinous nature and has far reaching implications. It observed that the accused, who are leaders of the area, did not do anything to quell or control the mob, which killed 106 people at Naroda Patia and Naroda village incidents.

Earlier, on February 5, the Sessions court had granted them anticipatory bail when they were declared absconding by the SIT, which is probing some of the riots cases afresh. She and Mr. Patel were declared absconding by the agency in the last week of January 2009 after they failed to turn up despite repeated summons.

Following the lower court order, SIT had approached the High Court seeking cancellation of the anticipatory bails granted to the accused.

During the course of arguments, lawyers appearing for Ms. Kodnani had submitted that there was a conspiracy to frame her in the case at a time of parliamentary elections. They had also submitted that statements given by the witnesses were contradictory and had no credentials.

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