Godhra Train Burning Case Convicts Not Eligible For Premature Release As Per State's Policy : Gujarat Govt Tells Supreme Court

The Supreme Court on Monday considered the bail applications filed by the convicts in the 2002 Godhra train burning case. The matter was listed before a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. Appearing for the State of Gujarat,  Solicitor General of India Tushar Mehta submitted that the State would be pressing for the cases to be considered as "rarest of rare" considering the severity of the crime. He also stated that the cases of convicts could not be considered for premature release under the State of Gujarat's policy as TADA provisions had been invoked against them. 

At the outset, Solicitor General Tushar Mehta, started specifying roles played by the convicts in the matter. He said

"This is the case where 59 people were burnt alive. It is consistent that the bogey was locked from outside. The 59 people who died included ladies and children. See the first convict who has challenged the sentence. He was identified in Test Identification Parade. He was pelting stones with motive of not letting passengers come out. The second- his role is also clear. In the third convict's case, the distinction is that a deadly weapon was found on him. The fourth one- he played an active role in hatching the conspiracy. He purchased petrol, stored petrol, carried petrol and used the petrol for the purpose of burning..."

CJI DY Chandrachud recalled that the bench had had granted bail to one of the convicts on a medical ground. 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. 

On December 15, the bench had also granted bail to a convict named Farook, sentenced to life in the Godhra carnage case, considering the fact that he has undergone 17 years sentence and that his role was of stone-pelting at the train.

CJI DY Chandrachud the asked–

"So under the premature release policy of State of Gujarat, will they be released?"

SG Mehta answered in a negative stating that the convicts did not qualify to be considered for premature release as TADA provisions had been invoked against them. 

Senior Advocate KTS Tulsi highlighted that one of the convicts stated that he did not know Gujarati and he gave his thumb impression on a statement that he had not read.

The bench stated that it required a compiled chart with all relevant details to consider the cases.

SG Mehta, concluding his arguments said–

"We will be pressing that this is the rarest of rare case- 59 people died."

While dictating the order, CJI DY Chandrachud said–

"It has been agreed that the AORs on behalf of applicants along with Advocate Swati Ghildiyal, standing counsel for State of Gujarat shall prepare a chart with all relevant details. List after 3 weeks."

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. The appeals filed by the convicts in the Supreme Court are pending since 2018.

Case Title: Abdul Rahman Dhantiya v. State of Gujarat Crl. A. 517/2018 and connected cases.

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