India court acquits Samjhauta train blast accused

March 21, 2019

Muslim accused in Godhra train carnage jailed for life

By News report

NEW DELHI: An Indian court acquitted the four accused of Samjhauta Express blast in 2007 that had killed 70 including 42 Pakistanis. Prime suspect Swami Aseemanand and two others were acquitted in the terror attack on the train, which was going to Lahore from New Delhi. According to the Indian media report, NIA Counsel RK Handa said the court concluded that the investigating agency failed to prove the conspiracy charge and the accused ‘deserved benefit of doubt’.

Pakistan condemned the acquittal of the four accused in the terror bombing incident. Foreign Office Spokesman Dr Mohammad Faisal said that more than 42 Pakistani nationals were martyred in the terrorist attack. “When will the families of those martyred get justice?” he said. The Indian court had reserved its order in the case and adjourned the hearing following the plea of a Pakistani woman to have her statement recorded. Rahila Vakeel, a resident of Hafizabad and the daughter of Muhammad Vakeel who had gone missing during the incident, in her petition claimed that she had evidence relevant to the case, the Times of India (TOI) reported. However, Rahila said she has not yet received a visa nor a call or a summon. The final arguments in the case were concluded on March 6 and the judgement was reserved for March 11.

Also on Wednesday, a court jailed a Muslim, Yakub Patalia, for life in the Godhra train carnage case of 2002 in which 59 people were charred to death. As per the prosecution case, Yakub was a part of the mob that torched the S6 coach of the Sabarmati express returning from Ayodhya, near the Godhra railway station, killing 59 kar sevaks and triggering riots in which over 1,000 people were massacred. The court sentenced two other accused to life imprisonment while three others were acquitted in August, 2018. They had been arrested after the main trial was completed in 2011. Farooq Bhana and Imran Sheri were the two sentenced to life in August last year and Hussain Suleman Mohan, Kasam Bhamedi and Faruk Dhantiya were the three who were acquitted.

In 2011, the court convicted 31 people in the case. After convicting the accused, the court had awarded death sentence to 11 of them and life imprisonment to 20 others, while 63 accused were acquitted. The court upheld the prosecution case that the Godhra train attack was a pre-meditated. However, the Gujarat High Court in October 2017 commuted the death sentence of 11 convicts to life imprisonment while upholding the punishment awarded by the SIT court to 20 others.

Source: https://www.thenews.com.pk/print/446779-india-court-acquits-samjhauta-train-blast-accused (accessed on 29 May 2019)

2002 Godhra train burning case: Gujarat HC commutes death for 11 convicts to life in prison (Gujrat)

By Express News Service |Ahmedabad |Updated: October 10, 2017 7:00:02 am

The Gujarat High Court Monday commuted the death sentence of 11 convicts to rigorous life imprisonment and upheld the sentencing of 20 others to life term in the 2002 Godhra train burning case. It also confirmed the acquittal of the 63 remaining accused. Pronouncing the judgment, the division bench of Justices Anant S Dave and G R Udhwani also held that the state government had failed to discharge its duty in maintaining law and order in the incident and directed it to pay compensation of Rs 10 lakh each to families of the 59 people killed. The bench said that the trial court judgment had not addressed this aspect and that those who suffered injuries should also get compensation and the amount be decided by the government. ‘If we say anything, police will come to question us’

Fifty-nine people travelling in the S-6 coach of Sabarmati Express, mostly kar sevaks returning from Ayodhya, were burnt alive at the Godhra railway station on February 27, 2002. The incident had triggered widespread communal riots across the state. The High Court upheld the findings of the special trial court against those held guilty. The 11, whose death was commuted to life, had been held guilty of murder, to be read with charges of conspiracy and unlawful assembly. Among those whose acquittal was upheld by the court was main accused Maulana Umarji, who passed away in 2013. Special Public Prosecutor J M Panchal said that since the copy of the order was not available, it was not clear on what basis the court had commuted the death sentence, and pointed out that the 11 would still serve “rigorous life imprisonment”.

Before reading out its verdict, the bench led by Justice Dave said: “We regret for the delay in pronouncing the judgment…We understand the difficulties of victims and convicts… There are certain things which are not in our control.” It will send out a wrong message, say families of those killed on train. The bench said that it arrived at its conclusion after going through records, including forensic, and statements of the injured, the passengers, the railway employees, the railway police, the Godhra town police, and the fire brigade. The trial court, presided over by P R Patel, who was then additional sessions judge and is now Registrar, High Court, had in 2011 held the case to be “rarest of rare”. It had gone by the conclusion of the Supreme Court appointed-Special Investigation Team that the fire was the result of a conspiracy hatched by the accused a day earlier.

While 58 people had died on the spot, one person had died at the hospital. Among the deceased were 29 men, 22 women, and eight children. Around 45 people sustained injuries. Initially, the accused were charged under the Prevention of Terrorism Act (POTA), but the High Court had revoked this following recommendations of the Central POTA Review Committee. A total of 94 persons were initially chargesheeted based on a complaint lodged by then engine driver Rajendra Rao Jadav.

The trial court held: “The cause of fire was not short-circuit or accidental because of any leakage of kerosene from the stove of any passenger but definitely petrol in huge quantity came to be poured inside the coach (in) the rear portion, after entering into (the) coach, and then using burning rag, it was ignited.” The court held that the target of the mob was not the passengers but specifically the kar sevaks. Senior lawyer I H Syed, who appeared for convicts, said that there are several points based on which judgment will be challenged in the Supreme Court. He alleged that there was “concocted” evidence and witnesses were “tutored.”

Source: https://indianexpress.com/article/india/2002-godhra-train-burning-carnage-case-riots-gujarat-high-court-sit-commutes-death-sentence-of-11-convicts-to-life-imprisonment-4881586/ (Accessed 23 December 2018)