Responding to the questioned posed the High Court on Mar 22, the Commission said that keeping the option of questioning Chief Minister Narendra Modi open, adding that its decision on not questioning Modi was not tentative or final.
The letter written by secretary of Nanavati Commission in the matter was submitted to the court by State Advocate General Kamal Trivedi.
While issuing the order, Chief Justice S J Mukhopadhaya and Justice Akil Kureshi said, "The Nanavati Commission's letter says that its order of Sep 18, 2009 is not final."
"In view of the letter submitted by the Nanavati Commission the matter has been adjourned till Jun 17", the court said.
The statement by the Commission came in response to the order by High Court on Mar 22, in which it had asked the government pleader to seek the clarification from the Commission.
Court issued the order while hearing an appeal by Jan Sangarsh Manch (JSM), an NGO representing some of the victims of the post-Godhra riots.
JSM advocate Mukul Sinha said that the Court was informed by the Commission that it was yet to take any final decision on summoning Modi.
Sinha expressed doubt that the Commission would be able submit its final report before Jun 17.
"But it was observed by the High Court that in such case (submission of final report) it can always have power to pass an order," he added.
The decision by the Commission could be another setback for Modi who has already been questioned for 9 hours by the Special Investigation Team (SIT), probing the post-Godhra riots cases, on Mar 27.