On Monday, January 30, Solicitor General Tushar Mehta, who appeared in the Godhra train carnage matter on behalf of the Gujarat government, told the Supreme Court that it was not “merely a stone-pelting” case as the convicts had locked the bogey of the Sabarmati Express from the outside, set it on fire and then threw stones at it leading to the death of several passengers on the train.
Solicitor General of India Tushar Mehta says state is contesting the appeal of Godhra Train burning convicts of 2002. “They say it is only stone pelting, but when you lock a bogey with 59 pilgrims inside and then pelt stones, it is not just stone pelting” #Godhra #SupremeCourt pic.twitter.com/fgxGy7Mb0j
— LawBeat (@LawBeatInd) January 30, 2023
Contesting the bail appeal of Godhra Train burning convicts of 2002, SG Tushar Mehta told the SC bench headed by Chief Justice DY Chandrachud and also comprising of justices PS Narasimha and JB Pardiwala, “Some are saying their role was just stone pelting. But when you lock a bogey from outside, light it on fire and then pelt stones, it is not just stone pelting.”
The statement came when the apex court was hearing the bail petition of some convicts sentenced to life imprisonment in the 2002 Godhra train carnage case.
Speaking in court on behalf of some of the convicts, senior counsel Sanjay Hegde stated that the state government has filed appeals in the cases of some convicts whose death sentences were converted to life sentences by the Gujarat High Court.
SG Tushar Mehta, meanwhile, urged the apex court to hear the case again, which the bench agreed to. “Alright, you examine this. We will list (the bail pleas) after two weeks”, said DY Chandrachud.
The court also issued a notice to the state government regarding the bail applications of convicts Abdul Raheman Dhantia alias Kankatto, Abdul Sattar Ibrahim Gaddi Asla and others.
SC grants bail to Farook Bhana, convicted in the Godhra carnage case
Notably, on 15th December 2022, the Supreme Court of India granted bail to Farook Bhana who was sentenced to life in the Godhra carnage case. It is notable that Chief Justice of India DY Chandrachud headed the bench that passed this order.
While announcing this verdict, the Supreme Court considered that the convict has undergone 17 years sentence. The apex court also noted that his role was stone-pelting at the train. Solicitor general Tushar Mehta then too had appeared in the court on behalf of the Gujarat government. He strongly opposed this and said, “It’s the most heinous crime. People were locked in a bogey and burned alive.”
Supreme Court extends bail granted to Godhra Train Carnage convict
A month before, the Supreme Court had extended the bail already granted to Abdul Rehman Abdul Majid, a convict who co-conspired in carrying out the Godhra Train Carnage in 2002. Majid, who was sentenced to life imprisonment had been granted bail till March 31, 2023, on account of his wife suffering from cancer and his children being specially abled.
The Gujarat High Court order which upheld the conviction stated that Majid, along with Bilal Haji and others, threw stones at the firefighter vehicle, causing injuries to the employees and restricting their ability to perform their duties, while the train coach No. S6 of the Sabarmati Express train was combusted by spraying petrol, burning several people, including women and children.
The Gujarat High Court indicated that the obstruction was deliberately carried out intending to continue the burning of the coach consisting of Kar Sevaks.
Godhra train burning incident
The carnage had taken place when scores of ‘Kar Sevaks’, who were returning in Sabarmati Express from Ayodhya after attending a religious ceremony, were burnt in a train near Godhra. On 27th February 2002, coach number S-6 of the Sabarmati Express was set on fire near the Godhra railway station in Gujarat. The victims were mostly Hindu and official figure reports that 59 people had died in this incident.
In its October 2017 judgment, the Gujarat High Court commuted the death sentence awarded to 11 convicts in the Godhra train coach-burning case to life imprisonment. It had upheld the life sentence awarded to 20 other convicts.
