2002 Godhra Train Burning Case | Supreme Court Grants Bail to Eight Life Convicts, Rejects Pleas Of Four Others

“I only have some issue with four persons because of their roles,” Solicitor-General for India told a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. “From one of them, an iron pipe was recovered, and from another, a dhariya. It is a Gujarati word for a weapon that looks like a sickle. Another convict was found purchasing, storing, and carrying petrol which was used for burning the coach. The last one attacked the passengers, causing injuries, and looted them.”

Senior advocate Sanjay Hegde, appearing on behalf of the petitioners urged the court to adjourn the hearing in the applications of the four convicts whose bail was opposed by the top law officer and grant bail to other convicts. “I make this suggestion specifically because there is a festival tomorrow,” Hegde said, referring to the Eid al-Fitr. He appealed to the top court to hear the bail applications of these four after two weeks. “We have much to say,” the senior counsel said. Senior Advocate S Nagamuthu also backed Hegde's request of adjourning the bail applications of four convicts instead of dismissing them.

“I would say kindly reject their bail applications,” the solicitor-general insisted. He added, “You may leave it open for them to revive these applications after a year or so.”

In view of the period of imprisonment undergone (17-18 years) and the individual role in the crime, the bench granted bail to the eight applicants. The bench also took into account the fact that the appeals filed by the convicts in the Supreme Court are not likely to be taken up soon. "We direct that they be released on bail subject to such terms and conditions as may be imposed by the sessions court,” the bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha ordered. 

However, with respect to the four others, dismissing their petitions, the bench said, “We are not inclined to grant them bail at this stage.” 

Background

On May 13, 2022, the Court had granted one of the convicts, Abdul Raheman Dhantiya, alias, Kankatto or 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. Last year in December, the Supreme Court granted bail to another life convict named Farook considering the fact that he had undergone 17 years sentence and that his role was of stone-pelting at the train.

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 (Hindu religious volunteers) from Ayodhya. The Godhra carnage triggered one of the worst communal riots in India since Partition.

In March 2011, the trial court 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. The appeals filed by the convicts in the Supreme Court are pending since 2018.

Case Title

Abdul Raheman Dhantiya @ Kankatto @ Jamburo v. State of Gujarat | Criminal Appeal Nos. 522-526 of 2018

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