Appeals To Restore Death Penalty Don't Require 3-Judge Bench Hearing : Supreme Court Rejects Godhra Case Convicts' Objections

The Supreme Court today(May 6) began the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case. 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 Justice J.K. Maheshwari and Justice Aravind Kumar. At the outset, Senior Advocate Sanjay Hegde, for the convicts,pointed out that the State was seeking death penalty for some of the covicts. He stated that as per the judgment in Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors(2014), death penalty matters are required to be heard by a three-judge bench. He added that many years have passed since the appeals have been pending, and now, if the Court believes that capital punishment is out of picture, then there is no issue. One of the advocates also pointed out Order VI, Rule III of the Supreme Court Rules.However, the Court felt that Mohd Arif's judgment does not apply to the present case. It therefore signalled for the parties to begin their arguments and passed an order as follows: "We have perused the judgment of Mohd Arif, in particular to Supreme Court Rules, Order VI, Rule III. This Court said that in all cases in which death sentence is awarded by the High Court and appeals are pending before the Supreme Court, only a bench of three hon'ble judges will hear. In the present case, the situation is not as indicated in the judgment of Mohd Arif. In the case at hand, the 11 accused persons were convicted and directed to undergo capital sentence by the Court of Sessions and said sentence was commuted by the High Court. Therefore, the present case is by the State to restore death sentence so far as for 11 petitioners and others are concerned. We have perused Rule III, which is specific whereby the appeal or other proceedings arising out of death sentence has been confirmed or awarded by the High Court shall be heard by a bench consisting of not less than three judges. In view of the said provisions and the Rules, we are not inclined to entertain the objections as raised...The objections are repelled...We are inclined to hear the appeal of the State before us."Today, Hegde, appearing for Abdul Raheman Dhantiya @ Kankatto @Jamburo, laid down the broad aspects of the case, including the prosecution's case. He also shared the map where the incident took place. 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 the 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 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.The hearing will continue tomorrow.Case Details: Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat., Criminal Appeal 517/2018 and others.Citation : 2025 LiveLaw (SC) 575Click here to read the order

Appeals To Restore Death Penalty Don't Require 3-Judge Bench Hearing : Supreme Court Rejects Godhra Case Convicts' Objections

Gursimran Kaur Bakshi

Tags