Carnage was pre-planned

[Cheddi Chinnodu]

[size=12pt][b]31 convicted for setting Sabarmati Express ablaze at Godhra, main accused walk free[/b]

In a blow to those who called the ghastly Sabarmati Express carnage an “accident” and played communal politics in its name, a designated special court on Monday convicted 31 accused for setting the train on fire and roasting alive 59 helpless kar sevaks. The judgement vindicated the Gujarat Government’s stand that the incident was pre-planned.

The Sabarmati Express returning from Ayodhya had been set on fire at Godhra station on February 27, 2002, triggering widespread violence, in which nearly 1,200 people were killed.

Pronouncing the long-awaited judgement nine years after the train inferno, Additional Sessions Judge PR Patel upheld the prosecution’s charge that the incident was part of a conspiracy — a point made in the report of the Nanavati-Mehta Commission in 2008. This validates the Narendra Modi Government’s contention though the acquittal of two key accused has come as an embarrassment to the prosecutors’ team.

All 31 convicts are guilty of attempts to murder (302 IPC) and hatching conspiracy (120B IPC), Public Prosecutor Jayant Panchal told the media on emerging from the packed courtroom inside the high-security Sabarmati Central Jail.

However, the special court acquitted 63 other accused, including Maulana Umarji and Bilal Hussain Kalota, described by prosecution as main conspirators.

Hearings on the quantum of punishment would be held on February 25 and the sentences would be pronounced thereafter, according to Panchal.

A total of 94 accused had gone on trial, which itself has a troubled history with the Supreme Court clamping a stay on it for some time.

Of the total 134 accused booked for the train-burning, 16 were declared absconders while 15 were released on bail for different reasons. Five accused died during trial while 13 were discharged for lack of evidence. The trial of five juvenile accused is yet to begin.

The prosecution case is based mainly on the confessions of Jabir Bin Yameen Behera, recorded under provisions of the Prevention of Terrorism Act (POTA) enacted by the NDA Government at the Centre in 2002 and later repealed by the UPA.

The prosecution also relied upon the statement of a vendor, Ajay Baria, who corroborated the fact that petrol had been stored to pour into the S-6 compartment of the ill-fated train.

Prabhatsinh Chauhan and Ranjit Jodha - employees of the petrol pump from where the conspirators purchased 120 litres on the night of February 26, 2002 - were other important witnesses.

The five main accused who carried out the operation by cutting open the vestibule between the two coaches to pour petrol inside are Ayub Patalia, Irfan Kalandar, Mehboob Popa, Shaukat Patalia and Siddiqui Bohra. The prosecution has hinted that they may face death sentence.

The other convicted persons include Razak Kurkur, owner of Aman Guesthouse, where the conspiracy was hatched and 120 litres of petrol were stored the previous night. Salim Panwala, Farooque Bana, Salim Zarda and Salim Bana were also present there. While Panwala fled to Pakistan to avoid arrest, the rest have been convicted.

Though the first chargesheet was filed in May 2002, trial was delayed due to several legal hassles at several stages. The Supreme Court had stayed the trial on the Godhra train inferno and other riot cases in November 2003. Also, charges were first filed under POTA but dropped later following its repeal by the UPA Government in 2004.

The Supreme Court had constituted a special investigation team (SIT), headed by former CBI Director RK Raghavan, in May 2009 when it lifted the stay on the trial. The final trial began in June 2009 and concluded in September 2010 but the verdict could not be pronounced due to a Supreme Court stay, which was finally lifted on January 18, 2011. [/size]