Ghosts of Godhra linger

Train carnage judgement... Not the final word as the convicted can move higher courts

Exactly nine years ago on this day - February 27, 2002 -  at about 8 am the Sabarmati Express train ferrying passengers, including hundreds of kar sevaks from Ayodhya came under attack at the Godhra railway station. What followed later, was perhaps the country’s worst ever communal riots. While Chief Minister Narendra Modi was quick to declare it as a conspiracy, his opponents disagreed and accused him of trying to polarise the state on communal lines.

On Tuesday last, a special court set up by the Supreme Court to try the case, while upholding the conspiracy theory ordered acquittal of 63 of the 94 accused, including one of the main conspirators, Maulvi Hussain Umarji.

Fifty nine people, mostly kar sevaks who were on the way back to Ahmedabad from Ayodhya were killed in the carnage. The investigations into one of the most heinous incidents in recent times saw many twists and turns. Till the time the first chargesheet was filed by the local police in Godhra in May 2002 against 54 accused, there was no mention of the conspiracy and instead the incident was seen as a spontaneous riot situation. However, after a Special Investigation Team (SIT) headed by a senior IPS officer Rakesh Asthana was set up, the conspiracy angle emerged. At the centre of the SIT’s conspiracy theory were a core team of Godhra residents, including Maulvi Umarji and Razak Kurkur, who according to the investigators had conspired, planned and executed the attack on the train. However, Judge P R Patel has acquitted Umarji even though Kurkur has been convicted for the crime. The quantum of sentence would be declared on March 1.

The prosecution has prayed for death sentence while the defence has argued that it could not be classified as rarest of rare cases. By convicting Kurkur and upholding the conspiracy theory, the court agreed that the conspiracy to set the coach on fire was hatched at Aman Guest House, belonging Kurkur, and the fuel used to burn the train was also stored there. Kurkur and another prime accused Haji Bilal have been charged under various sections of the Indian Penal Code, including murder and criminal conspiracy.

Others who have been held responsible for planning this conspiracy at the guest house include Salim Panwala, Faruq Bana, Salim Zarda and Salim Bana.

Conspiracy motive

Special Public Prosecutor J M Panchal said that the court upheld that the burning of the train was a pre-planned conspiracy. “The conspiracy theory has been accepted by the court and 31 convicted of criminal conspiracy. The motive of conspiracy was to set the train on fire. The vestibule was cut and the coach was set on fire. The verdict is based on oral, scientific evidence and eyewitness accounts,” said Panchal.

The trial conducted inside the Sabarmati Central Jail here began in June 2009. The accused have been held guilty under Section 235 (2) of the Criminal Procedure Code for the offences punishable under Sections 143, 147, 148, 149, 302, 307, 323, 324, 325, 326, 332, 395, 397, 436, 186 and 188.

They have also been charged under Sections 141, 150, 151 and 152 of the Indian Railways Act, Sections-3 and 4 of the Prevention of Damage to Public Property Act and Section 135 (1) of the Bombay Police Act.

Appeal imminent

Defence lawyer I M Munshi said his clients would appeal against the verdict. “We are not satisfied with the judgement. There are many contradictions. We will have to appeal in the higher court. We will wait for the quantum of punishment and then go on appeal,” said Munshi.

Meanwhile state government spokesperson Jaynarayan Vyas said: "The judgement sets the record straight that all the propaganda of the NGOs that Godhra train burning incident was not a pre-planned conspiracy is wrong,” he said.

Vyas said that the government will decide on its future course of action after studying the judgement. “The judgement has just been delivered. We are yet to get the full text of the judgement,” he said. Vyas reiterated that even the public prosecutors were appointed by the SIT, so it is a perfectly independent process of justice that has established beyond any doubt that this was a well hatched conspiracy and that was our stand right from day one.

Reacting to the judgement, son of Maulvi Umarji, Syed Umarji, said that the verdict vindicated their stand that his father was innocent. However, nine years of their lives had been wasted and they had to bear the brunt of it socially and financially.

Some core conspirators

Razzak Kurkur

It was in his guest house, Aman guest house, that the conspiracy to target the S-6 coach was hatched on February 26. He is accused of obtaining the petrol consignment from Kalabhai petrol pump, instructing three other accused to bring the train to halt near A cabin through disc pulling. He himself had carried one carboy full of petrol to the S-6 coach.

Haji Bilal

Charged with obstructing the fire fighters from reaching S-6 coach when it was on fire. Investigators allege that he had attacked fire brigade personnel and also damaged a fire tender.

Jabir Bin Yamin Behra

Present at the February 26 meeting. Loaded the rickshaw with petrol carboys with the help of other accused. Even had entered S-6 coach with the carboys. Accused of injuring some passengers with weapons.

Salim Zarda

He was reported to be present in the meeting which was held on February 26 in which the conspiracy was hatched. Also involved in obtaining petrol and mobilising other accused. He has given a witness statement in the case.

Siraj Abdul Meda

Part of the core team that conspired to torch the train. Also mobilised people near A cabin to allow core team members to escape after the act.

Mehboob Chanda

Had brought the petrol consignments to Kurkur’s guest house. Also charged with attacking S-2 coach of the train and trying to target it as well.

Mehbub Ahmed Yusuf alias Latiko

Charged with mobilising mobs to target the train.  He had cut the rubber covering of the vestibule between S-6 and S-7 coaches and gained entry.

Irfan Pataliya

Transported the petrol carboys to the A cabin. Poured in petrol from one of the
broken windows of the S-6 coach.


Issues arising from verdict

Law prevailed, justice denied

Haunted forever by images of death