The acquittal of all 69 accused in the 2002 Naroda Gam massacre case, where 11 Muslims were killed, is among the most gross miscarriages of justice of recent times. The accused include former Gujarat minister Maya Kodnani and Bajrang Dal mobster Babu Bajrangi. The Naroda Gam massacre was one of the most brutal during the post-Godhra pogrom and the decision that no one was responsible for the killings can only taint the country’s justice system. Everything about the conduct of the case showed how a trial should not be conducted and how it can be undermined. It was among nine cases related to the 2002 riots which were committed to designated courts and in which day-to-day trials were ordered. It was monitored by the Supreme Court. But it took over two decades to decide, and the result is the mass acquittal of all accused, including those who are on video boasting of their crimes.
The case related to the attack by mobs on a locality in the Naroda Gam area of Ahmedabad and the killing of 11 persons who were burnt to death. The Nanavati Commission, which investigated the incident, concluded that there was no police help available for the victims. In the course of the trial, the case was heard by five judges and they have noted the delays caused by the prosecution and the dilatory tactics employed by the defence. Prosecutors were changed. Home Minister Amit Shah had testified in the case as a witness in 2017 to confirm the alibi of Maya Kodnani, who was a minister in the state’s Narendra Modi cabinet.
Maya Kodnani was convicted in another riot case in 2012 and sentenced to 28 years in jail but she was acquitted later by the Gujarat High Court. It reflects poorly on the system of justice that it cannot bring to book accused persons, especially those with power and influence, in case after case. Babu Bajrangi had boasted of his role in the violence and described how he attacked and killed people. Very few convictions happen in riot cases and hundreds of victims and their relatives end up without justice. Last month, all the 41 accused in the infamous Maliana massacre case of UP, in which 68 Muslims were rounded-up and killed, were acquitted after 36 years of trial. All riots have political dimensions and the accused are politicians, politically connected persons or people supported by politicians. Such failure to punish the guilty promotes and strengthens the sense of impunity among wrongdoers and lowers the credibility of the judiciary and the entire justice system. The verdict should be appealed for the sake of justice.