The Supreme Court on Monday issued notice to the Gujarat government on bail petitions by some convicts sentenced to life imprisonment in the 2002 Godhra train coach-burning case.
Solicitor General Tushar Mehta, representing the Gujarat government, submitted before a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala that it was not a matter of stone throwing at the bogey of the Sabarmati Express, instead the convicts had bolted the bogey, which resulted in death of many passengers on the train.
Senior advocate Sanjay Hegde, representing some of the convicts, contended that the state government has filed appeals in the cases of certain convicts whose capital punishment was commuted to life sentence by the Gujarat High Court.
Mehta said, “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 bench said “We will list the bail pleas after two weeks”.
After hearing brief submissions in the matter, the apex court issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto, Abdul Sattar Ibrahim Gaddi Asla and others.
On December 15, 2022, the top court granted bail to one of the accused in the 2002 Godhra train burning, which was followed by communal riots in Gujarat.
The top court had noted that the convict had been in prison for 17 years and his role was throwing stones at the train. The bench said the application of bail made by accused Faruk is granted, while noting that he has been in custody since 2004, and also his appeal against conviction pending before the top court.
In March 2011, the trial court had convicted 31 persons, out of which, 11 were sentenced to death and 20 were sentenced to life. 63 accused were acquitted.
In October 2017, the Gujarat High Court upheld the conviction of all but commuted the death sentence of the 11 accused to life imprisonment.
(Published 30 January 2023, 15:34 IST)
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