31 convicted, 63 acquitted in Godhra train burning case

Almost nine years after 59 kar sevaks returning from Ayodhya were killed in a fire that broke out on the Sabarmati Express at Godhra, a special court on Tuesday ruled that the fire in the S-6 coach on February 27, 2002, was the result of a ‘conspiracy’ and convicted 31 people in connection with it. However, 63 other accused, including key accused Maulana Umarji and Mohammed Kalota, then president of Godhra municipality, were let off.

The Godhra train burning triggered widespread riots across Gujarat in which over 2,000 people, mostly members of the minority community, were killed.

Justice PR Patel delivered his 850-page judgment inside the heavily fortified Sabarmati Central Jail. Public prosecutor JM Panchal told reporters outside the jail premises that: “The court has accepted the conspiracy theory. On February 25, the quantum of punishment will be pronounced.”

Among other things, the 31 accused have been held guilty of murder, dacoity and robbery, arson and causing grievous hurt. They were also charged with violating the Bombay Police Act and Indian Railway Act. The quantum of the sentence will be pronounced on February 25.

RK Raghavan, former CBI chief, who heads the Supreme Court appointed Special Investigating Team (SIT) that took over the investigation into the Godhra fire and other post-Godhra riots cases, said he was satisfied with the judgement.

“My feeling is not that of joy or sorrow. I feel aggrieved at the loss of the lives. My heart goes to those suffered losses for no fault of theirs,” he said. “Justice needs to be done in all cases related to riots. We will not rest till justice is done in 8 other cases with us. I assure this to everyone in the state of Gujarat and outside,” he added.

Within hours of the judgement, the acquitted, who spent almost nine years in jail, were released and transported to their homes in Godhra under police protection.

The judgment is significant because it contradicts the conclusion of the Justice UC Banerjee inquiry commission (set up by the Indian Railways) that concluded that the incident was “accidental”. Instead, it supported the findings of another inquiry panel led by Justice Nanavati that ruled that the incident was a conspiracy.
Soon after the verdict was out, the war of words between political parties and activists kicked off. Welcoming the verdict, Tarun Vijay, a spokesperson for the BJP, said that the verdict “exposed the nefarious designs” of the UPA government which “tried to cover up” the entire episode.

The Congress refused to comment but maintained its stand that Gujarat CM Narendra Modi was responsible for triggering the post-Godhra communal riots.

“The verdict has vindicated the Congress which has always stated that the guilty should be punished. However, it also reveals that lots of innocent people were kept behind bars of nine long years,” said BK Hariprasad, Congress general secretary in charge of Gujarat.

Social activists also raised questions about the future of the 63 persons who were acquitted. “What happens now to the 63 acquitted? Who will bring back the nine years lost in their lives? Will they be compensated by the state?” asked human rights activist Father Cedric Prakash.
 
(Nikunj Soni with Jumana Shah, inputs by Roxy Gagdekar and Charul Shah)