India Tomorrow
New Delhi, Jan 23— The Supreme Court of India on Wednesday granted bail to four convicts who are serving 10-year jail term in the 2002 Naroda Patiya case of Gujarat.
The convicts – Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod – are serving a 10-year jail term for arson and rioting in Naroda Patiya area near Ahmedabad that witnessed one of the worst massacres during the Gujarat riots in 2002 following the Godhra train carnage.
At least 97 Muslims were killed by a mob in Naroda Patiya on February 28, 2002.
“The conviction (of the four accused) order is debatable,” the Supreme Court said while granting them bail. The top court also reportedly said that it is seized of appeals by others convicted in the case, including Babu Bajrangi.
In April 2018, Gujarat HC had acquitted Kodnani, convicted Bajrangi
In the same case, in April last year, the Gujarat High Court had acquitted BJP leader and then state minister Maya Kodnani but convicted Babu Bajrangi.
A Division Bench of the Gujarat High Court on April 20 acquitted former BJP Minister Maya Kodnani, saying there was absence of sufficient proof of her presence at the crime scene in the Naroda Patiya massacre case of 2002.
The court also upheld the conviction of Bajrangi Dal activist Babu Bajrangi, who was sentenced to imprisonment for life by the trial court.
The Bharatiya Janata Party Minister was one of the key accused in the riot case and was convicted by a special SIT court in August 2012. She was sentenced to 28 years in imprisonment.
The judgment was pronounced on the appeals filed by the former BJP Minister and others against their conviction by the SIT court.
The Division Bench of Justice Harsha Devani and Justice A.S. Supehia upheld the conviction by the special court of Babubhai Patel alias Bajrangi, a prominent leader of the Bajrang Dal Hindu outfit.
He was a key conspirator in the massacre in Naroda Patiya area, where 97 Muslim persons were killed in the Godhra aftermath.
The Naroda Patiya riots was one of the worst incidents during communal conflagration that engulfed Gujarat, following the train burning incident on February 27, 2002, at Godhra in which 59 Kar Sevaks were killed.
The High Court in August 2017 had reserved its order after the hearing concluded against the judgment of the special court.
The special court had sentenced 32 people, including Kodnani and Bajrangi. Seven others were given enhanced life imprisonment of 21 years, which they will serve after undergoing 10 years’ imprisonment under IPC section 326 (causing grievous hurt).
The remaining accused were given simple life imprisonment of 14 years.
The trial court’s acquittal of 29 other accused in the case, for want of evidence was challenged by the SIT, even as those convicted had challenged the lower court’s order in the High Court for respite.
Government counsel Prashant Desai said: “It is clear from the Gujarat High Court’s judgment that the court has gone on no witness theory.”
“Twelve accused have been convicted. Besides Babu Bajrangi, Prakash Rathod and Suresh Chara alias Suresh Langda have been convicted under the IPC 120 (B) as key conspirators.
“The sting operation by the Tehelka was not taken into account by the court. The 12 have been convicted with 21 years imprisonment without remission.
“Whatever Babu Bajrangi did was no different from what the others did, so his conviction was on parity. Court believed police witnesses.”
“On Maya Kodnani, there were contradictions in the witnesses’ testimony against her presence at the crime scene. None of the police witnesses have said that they saw Kodnani at the scene.
“The SIT will have to appeal within 90 days to the Supreme Court if they want to challenge the Gujarat High Court verdict,” added the counsel.
Deputy Chief Minister Nitin Patel said: “Our minister Kodnani was wrongfully implicted in the Naroda Patiya massacre case. But today after the Gujarat High Court acquittal, she has been found innocent.”
“We are happy with the verdict and welcome the decision. She has worked hard for the party and definitely she will be given an active role in the party if she wishes to continue.”
Meanwhile, the state BJP president Jitu Vaghani has blamed the Congress party for arraigning Kodnani in the case. “The Congress wrongfully involved our former minister.”
Gujarat Riots: Supreme Court Defers Hearing in Zakia Jafri Case for One Month
The Supreme Court of India on Jan 15 again deferred hearing on a plea of Gujarat riots victim Zakia Jafri against the clean chit given by SIT to then chief minister of Gujarat Narendra Modi. The top court deferred the hearing for four weeks.
The Supreme Court on Dec 3 had adjourned till January the hearing on Zakia’s plea challenging clean chit to Modi and others by the Special Investigation Team (SIT) for their alleged inaction in the 2002 post-Godhra riots including an attack on Gulberg society.
Zakia Jafri, widow of Congress leader and former member of Parliament Ehsan Jafri, has challenged the Gujarat High Court order upholding clean chit to Modi and others by SIT.
On Dec 3, the bench of Justice A.M. Khanwilkar and Justice Hemant Gupta had directed the posting of the matter to the third week of January as senior counsel Kapil Sibal appearing for Jafri told the court that they wanted to file some additional documents and needed time.
The SIT, on November 19, while raising preliminary objection to the Zakia Jafri’s plea had opposed it, saying “it is an issue of facts and for how long it can go on”.
The court was also told that there were concurrent findings of the magistrate court and the high court as well rejecting Zakia Jafri’s plea.
Jafri has challenged the October 5, 2017 order of the Gujarat High Court upholding the magistrate court order rejecting Jafri’s protest petition challenging the SIT report giving clean chit to top political leaders and state functionaries for the alleged larger conspiracy.
The SIT was set up by the top court, and it had come to the conclusion that no case was made out and the same was accepted by the Magistrate and the finding was “erroneously” reiterated by the high court, says the petition by Jafri.
The petition has further said that the high court refused to interfere with the Magistrate court order “despite large amount of documentation and contemporaneous evidence that existed which made out a triable case against all the accused”.
The petition by Jafri says that she had levelled allegations against various bureaucrats, police officers and political leaders for alleged “conspiracy, abetment and hate speech” culminating in 2002 violence.
— With Inputs From IANS
