Godhra Train Burning Case : Supreme Court Posts Appeals For Final Hearing On May 6 & 7
The Supreme Court today (April 24) passed an order for the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case on May 6 and May 7. The Court said that no other cases will be listed on these dates.The criminal appeals, filed by the convicts challenging their conviction and the State of Gujarat seeking death sentence for the convicts, were listed before a bench...
The Supreme Court today (April 24) passed an order for the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case on May 6 and May 7. The Court said that no other cases will be listed on these dates.
The criminal appeals, filed by the convicts challenging their conviction and the State of Gujarat seeking death sentence for the convicts, were listed before a bench of Justices J.K. Maheshwari and Aravind Kumar. Each time the matter has come up, it has been adjourned for various reasons. On the last occasion, the Court had also expressed displeasure about the parties seeking adjournment in this matter.
Today, the matter was not taken up because the bench was to sit till 1 pm only. Therefore, it asked Senior Advocate Sanjay Hegde (appearing in one of the convict's appeal) as to when the Court can proceed to hear and finish the matter.
Thereafter, the Court passed an order listing May 6 and 7 to be heard full day.
The order passed: "The case was opened up by learned senior counsel Sanjay Hedge, and a compilation has been filed. Along with the said, heading-wise material is not attested. However, he undertakes to revise this compilation and supply all or before 3 May. Learned counsel for accused persons may take guidance of the said compilation and may prepare their own compilation with respect to the accused persons to whom they are representing. As stated by the counsel, the hearing of this matter is required at least for two weeks. First we will take up this matter on 6 and 7 May continuously. We request the Registry to list the matter for final hearing both on May 6 and 7 and on said dates, no other cases would be listed. If necessary, the others may be taken from hon'ble."
The bench also stated that on May 6, it will be sitting in a three-judge bench composition. On the last occasion, Hedge had argued that since the State of Gujarat has filed an appeal against the commutation of the death penalty to a life sentence, as per the judgment Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors(2014), a three-judge bench must hear a matter related to the death penalty. He also referred to the Supreme Court Rules, 2013, Order VI Rule 3.
There are matters pertaining to remission involved in this Court. However, the Court has previously clarified that remission has to be determined by the State and is not connected to these matters.
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 volunteers) from Ayodhya. The Godhra carnage triggered communal riots in Gujarat.
In March 2011, the Trial Court convicted 31 persons, of whom 11 were sentenced to death and the remaining 20 were 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.
On May 13, 2022, the Supreme Court 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, 2022, the Supreme Court granted bail to a convict named Farook, sentenced to life in the Godhra carnage case, considering he had undergone 17 years sentence and that his role was related to stone-pelting at the train. In April 2023, bail was granted to 8 life convicts by the Supreme Court and was denied to four others.
In August 2023, the Supreme Court bench of Justices denied bail to Saukat Yusuf Ismail Mohan @ Bibino, Siddik @ Matunga Abdullah Badam-Shaikh and Bilal Abdullah Ismail Badam Ghanchi, considering the specific roles attributed to them.
Case Details: Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat., Criminal Appeal 517/2018 and others.