GANDHINAGAR: The two-member panel, set up by the Gujarat government to probe ‘snoopgate’, will not look into Narendra Modi ’s close aide Amit Shah ’s motives behind prying into the life of a woman architect at the instance of his ‘saheb’. Instead the panel will probe if the tapes are genuine and if there was any conspiracy behind releasing the recordings of the four-year-old conversations, purportedly between Shah and a police officer.

The panel is to also to find out if there was any breach of or non-compliance with laid-down mandatory legal provisions and/or administrative procedures in the process of surveillance of the woman.

While announcing the panel’s formation on Monday evening, government spokesman and cabinet minister Nitin Patel did not make public its terms of reference. These were notified on Tuesday, leaving many to wonder if the commission is a pre-emptive attempt following demands of a central probe.

The terms of reference of the two-member commission, comprising retired high court judge Justice Sugnya Bhatt and former additional chief secretary KC Kapoor, has no mention of Shah, who allegedly ordered the surveillance carried out by suspended IPS officer GL Singhal . Singhal is an accused in the Ishrat Jahan fake encounter case and the voice-recordings are with the CBI, which is investigating the case.

The woman’s father has already defended Modi and attempts are being made to get a clean chit from the victim as well, sources said.

The notification says the commission has been formed under the Commissions of Inquiry Act, 1952 “in larger public interest to gather, assimilate and establish the truth”. The notification says it is “in the interest of justice that the image and/or identity of the woman in question is not jeopardized”. The panel is expected to submit its findings in three months.

On being contacted, Kapoor said, “I am out of Gujarat for next one month. A few days back officials from CM’s office convinced me for association with a commission of inquiry but did not explain the subject or timing. I have not received any official orders yet about the appointment.''

Terming the commission as a "Modi Bachao" (Save Modi) initiative, Gujarat Congress president Arjun Modhwadia said, “The terms of reference will try to fix the people who brought the tapes to light as guilty.” He said there is no mention of Modi or Shah's orders to tap the phones of a young woman and others. “These all are clear evidence of misuse of power and breach of criminal law,” he said.

Snoopgate Panel: Terms of Reference

# Authenticity and veracity of tapes

# Whether surveillance as alleged by web portals actually took place

# Facts & circumstances that led to security/surveillance, if any, and/or steps taken by govt agencies

# Any breach of or non-compliance with any laid down legal provisions and/or administrative procedures

# Whether circumstances leading to release of audio-tapes after 4 years reveal any conspiracy

# What would be the objective considerations while arrangements are made to provide discreet security to a woman if the circumstances so warrant

Snoopgate Panel

Justice Sugnya Bhatt (72)

A retired HC judge and chairperson of Gujarat’s Other Backward Castes (OBC) commission. She probed 2006 Surat floods and her report after three years did not fix responsibility on any official or politician

Kuldip Chand Kapoor (67)

Retired as additional chief secretary (home) in December, 2006. He served as state election commissioner for five years. Kapoor was accused by the Congress of favouring BJP in local body elections