Supreme Court To Hear Bail Applications Of Godhra Train Burning Case Convicts On December 15

The Supreme Court on Friday (December 2) agreed to hear on December 15 the bail applications of 15 convicts in the 2002 Godhra train burning case. A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha asked the State of Gujarat to specify the individual roles of the convicts , based on which their applications for bail can be considered.

The bench also noted that all of them have undergone 17-18 years of sentence.

Solicitor General of India Tushar Mehta, appearing for the State of Gujarat, told the bench that the case was not "mere stone-pelting" by the convicts, as their acts prevented people from escaping the burning train coach.

On Friday, the bail application of only convict, Faruk, was listed before the bench. When the SG sought for adjourning the matter to January, Faruk's counsel requested the bench to post the matter before vacations, saying that the State was seeking adjournment for the second time.

A counsel appearing for the other convicts requested the bench to consider their bail applications as well, saying that there are 15 appellants altogether. Why don't they file bail applications, asked the bench. The counsel replied that the bail applications were already filed along with the special leave petitions filed in 2018.

The Solicitor General said that the bail applications were ordered to be heard along with the main appeals. "If the appeals are set down for hearing, everything can be settled. Main appeals could be listed for hearing", the SG said. But the bench said that it will first consider the bail applications first on December 15.

"Perhaps what you can do Mr.Solicitor is that ultimately you can tell us the individual roles. Once you do that exercise, then that obviates the need for us to insist that everybody should file bail applications. So once you identify them, then we can keep all those matters on board and say that these persons can be released on bail, based on their role. Because they have undergone 17-18 years. That will be fair also.", the CJI said. The SG agreed to do so.

On May 13, 2022, the Court had granted one of the convicts, Abdul Raheman Dhantiya @ Kankatto @Jamburo, interim bail for six months on the ground that his wife was suffering from terminal cancer and that his daughters were mentally challenged. On November 11, 2022, the Court extended his bail till March 31, 2023.

The crime which took place on February 27, 2002, resulted in the killing of 58 persons in a fire inside the S-6 coach of Sabarmati express which was carrying kar sevaks from Ayodhya. The Godhra carnage triggered communal riots in Gujarat.

In March 2011, the trial court had convicted 31 persons , of whom 11 were sentenced to death and the remaining 20 awarded life in prison. 63 other accused were acquitted. In 2017, the Gujarat High Court commuted the death sentence of 11 to life-term and upheld the life sentence awarded to the other 20.

Case Title : Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat Criminal Appeal 517/2018, Abdul Sattar Ibrahim Gaddi Asla vs State of Gujarat Criminal Appeals 522-526/2018.

Click here to read/download the order