The court said the Special Investigation Team (SIT) probing the riots is free to interrogate Modi. The court directive came in response to a petition filed by Zakia Jaffrey, whose husband Ehsan Jaffrey, ex-Congress MP was killed during the Gulburg society riots along with 39 others.
Justice D H Waghela also heard a petition filed by BJP MLA Kalubai Malivad, against the SIT probe.
In her complaint Zakia Jaffrey alleged that Modi, his cabinet colleagues, police officials and senior bureaucrats aided and abetted the riots.
The Supreme Court had earlier ordered the SIT to probe the complaint within three months and submit its report. Maliwad, who was acquitted, has said that the Supreme Court had directed the SIT to look into Jaffrey's complaint.