Godhra tragedy could've been averted: Gujarat HC upholds removal of 9 cops who skipped duty on Sabarmati Express

Ahmedabad: The Gujarat High Court has upheld the removal of nine policemen who were part of a mobile squad to prevent crime on moving trains.

On February 27, 2002, the nine policemen were supposed to patrol the Sabarmati Express train from Dahod to Ahmedabad station but they left early thinking their assigned train would be late as usual.

The coach S-6 of the express train was burnt on the same day near Godhra railway station and a day later communal riots broke out in the state.

They policemen were later removed from service after finding that they were absent from the train. The inquiry came to the conclusion that they could have averted the tragedy or at least reduced the damage.

On April 24, the single bench of Justice Vaibhavi Nanavati passed the judgement upholding the decision of the state and stated that "the reasonings assigned by the competent authorities do not call for any interference."

The nine policemen, all constables with Gujarat Railway Police, had left Ahmedabad railway station as per their assignment by Rajkot-Bhopal Express on February 26 and reached Dahod. They had to return to Ahmedabad by Sabarmati Express which was to reach Dahod at 12:35 am.

However, they came to know that Sabarmati Express was running late "indefinitely" and as per the "normal practice" by patrolling units, they boarded Shanti Express to reach Ahmedabad, which left Dahod around 4:45 am and reached Ahmedabad around 10:05 am on February 27.

They also wrote in the railway station diary that Shanti express has arrived "safely."

When they got down at Ahmedabad station they came to know that the S-6 coach of Sabarmati Express at around 7:53 am was burnt near Godhra railway station in which 58 passengers were killed on the spot. Following the incident, a department inquiry was set up, which dismissed them from service.

In their defence, they stated that for the past three months before the train carnage case, all the patrolling teams travelled by different trains than what they had been allotted as part of their duty.

They said that such changes were "routine and normal" and no disciplinary action was taken against any member of any patrolling team in the past.

However, the departmental inquiry concluded that "even if the incident could not have been averted, at least, the numbers of death could have been reduced."

"If the petitioners had departed in Sabarmati express train itself to reach Ahmedabad, the incident that occurred at Godhra could have been prevented," stated the chargesheet against the policemen.

"...though the petitioners were supposed to remain present on their patrolling duty in Sabarmati Express train, they were not present in the said train. It is submitted that, even if, the incident could not have been averted, at least, the numbers of death could have been reduced.

Thus, the petitioners are responsible for the said incident," additional advocate general Manisha Lavkumar Shah argued.

The case was investigated by the then Deputy Superintendent of Police, Western Railway, Vadodara, Noel Parmar who was also part of the investigation into the train carnage case.