New Delhi: The Supreme Court Monday said the Godhra train burning was a very serious incident and not an isolated case, while rejecting bail of three accused, who had injured the passengers, pelted stones at the coach, and looted ornaments from the passengers.
On February 27, 2002, 59 people were killed when the S-6 coach of the train went up in flames at Godhra, which triggered riots in many parts of the state.
Senior advocate Sanjay Hegde, representing the petitioners, contended before a bench headed by Chief Justice of India D Y Chandrachud that two of the accused are facing the accusation of stone pelting and the third accused is facing the accusation of stealing ornaments, but the ornaments weren't recovered.
Solicitor General Tushar Mehta and advocate Swati Ghildiyal, represented the Gujarat government before the apex court. The Gujarat government had submitted that the accused were not just stone pelters, they had injured passengers and looted their ornaments.
The state government said a specific role is attached to each of the accused. The bench, also justices J B Pardiwala and Manoj Misra, noted that the state government’s appeal for enhancement of punishment is pending.
Hedge said there are no recoveries of gold ornaments and the convicts have remained in custody over 17 years in jail. Mehta refuted the submissions.
The Chief Justice said "The incident is also a very serious incident...it is not an isolated case...".
Mehta submitted that one accused was found guilty of being the main conspirator who also actively participated in the act of burning the bogie of the train.
The bench said it will list the appeal before an appropriate bench, as this matter has to be heard this and it cannot be kept indefinitely.
The bench said having regards to the specific role attributed to the accused, "at this stage we are not willing to enlarge these individuals on bail. This will not affect their right of appeal".
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The top court said it will form a bench and then applicants are at liberty to file applications before that bench for directions and the bench can issue all procedural directions.
Three accused -- Saukat Yusuf Ismail Mohan@ Bibino, Siddik@ Matunga Abdullah badam Sheikh, and Bilal Abdullah Ismail Badam Ghanchi – moved the apex court seeking bail.
In April, the top court had allowed a plea for bail to eight convicts, undergoing life term in the case. The court had then noted that they had been in jail for about 17-18 years and the hearing on their appeal before it will take time. However, the court had refused similar relief to four others, awarded death penalty, in the case.
The state government had contended before the court that this is the rarest of rare cases where 59 people, including women and children, were burnt alive.
