2002 Godhra train burning: Gujarat in SC opposes convict plea for acquittal

New Delhi, May 7 (PTI) The Gujarat government in the Supreme Court opposed on Wednesday a convict's plea for acquittal in the 2002 Godhra train burning case and said he instigated a violent mob which raised anti-India slogans.

“The instigation by a leader (Abdul Raheman Dhantiya, a former member of Godhra Nagarpalika) stands on the different footing… moreover, he was part of the violent mob which was shouting slogans like ‘Hindustan murdabad’ and ‘Pakistan Zindabad’ and this cannot be allowed in a society like ours,” the state counsel argued before a bench of Justices J K Maheshwari and Aravind Kumar.

The counsel was contesting submissions of senior advocate Sanjay Hegde, appearing for Dhantiya.

Hegde said his client deserved to be acquitted as he was not part of the alleged larger conspiracy in the case and only an “interested witness” identified him.

The lawyer referred to the testimonials of certain witnesses and said many of them were government servants, employed either with the fire department or with the state police and therefore their presence at the place of occurrence couldn't be falsified.

“They were on official duty and their presence cannot be doubted,” he said.

The state counsel said Dhantiya was identified as the one instigating the violent mob which resorted to stone pelting and later fire took place resulting in the deaths of 58 innocent persons and injuries to others “The victims, including women and children got roasted,” he said.

Convicts including the present appellant had the motive to cause more deaths, the counsel added.

The prosecutor was responding Dhantiya's contention that his individual role in the offence was not established.

Hegde said a prosecution witness, who identified him as one of the accused present at the place of occurance, was to be disbelieved.

Dhantiya, he said, was a member of the municipal body and the Motor Vehicle department, and played a role in the departmental action against the prosecution witness who identified him during the trial.

Hegde his acquittal and said nothing was attributed to him with regard to “big conspiracy” held at Aman guest house at Godhra to attack the Sabarmati Express train.

“I had been in prison for 17 years before being released on bail by this court,” he said, "and based on testimony of one interested witness, Dhantiya cannot be convicted".

The bench asked the state prosecutor to explain the sequence of events noting version claimed the offence was as part of a larger conspiracy.

The bench said it started due to some altercation between a few "karsevaks" and locals over raising of slogans whereas another facet was when some passengers allegedly misbehaved with local Muslim women.

The state counsel narrated the sequence of events and said these aspects were part of the prosecution story as a big mob was involved.

The bench would resume the hearing in July.

On May 6, the bench rejected the submissions of a few convicts that a two-judge bench cannot hear their appeals against conviction as the matter pertained to the award of death penalty to 11 accused in the 2002 Godhra train burning case.

On February 27, 2002, 59 people were killed when the S-6 coach of the Sabarmati Express was burnt at Gujarat's Godhra, triggering riots in the state. PTI SJK SJK AMK AMK