SC puts Godhra probe on fast track

More than six years after it stayed the trials in nine key Gujarat riot cases including the Godhra train burning case, the Supreme Court showed the green light for swift trial of accused by setting up six fasttrack courts for day-to-day hearing in these cases. The court ordered filing of additional charge sheets against accused persons brought to book by its Special Investigation Team (SIT), following up on an earlier order which was seen as an indictment of the shoddy probe of Gujarat police which left many of those allegedly guilty of the carnage out of the prosecution net. Even though the court ruled that the trials, at least for the time being, would be conducted in Gujarat, it took into account apprehensions of victims, conferring vast powers on the SIT which is supposed to be autonomous of reigning preferences in Ahmedabad. On crucial issues related to the trial — from protection of witnesses to selection of public prosecutors — SIT will take the final call. “The conduct of trials has to be resumed on a day-to-day basis — keeping in view the fact that the incidents are of February 2002 and the trials already stand delayed by seven years. The need for early completion of sensitive cases, particularly in cases involving communal disturbances, cannot be overstated,” said a Bench comprising Justices Arijit Pasayat, P Sathasivam and Aftab Alam. The SC requested the chief justice of Gujarat High Court to choose senior judges to head the fast-track courts, three of which would function at Ahmedabad to try cases of riots at Naroda Patiya, Naroda Gam, Gulbarg society, as well as the Godhra arson of Sabarmati Express which sparked off the state-wide mayhem. The other three courts would be set up at Mehsana to try Ode and Mehsana riot cases, at Sabarkantha to try the case involving murder of British nationals and the one at Anand to try cases in that district. The court made plain its intention to engage with the matter. Thus, even though it did not accept the petitioner’s plea to shift the trial outside Gujarat, it stressed that it was not closing that option altogether. It also fully appreciated the concern about protection of witnesses against the accused, saying that the call taken by SIT chief, former CBI director R K Raghavan, on the kind of measures needed would be final. In fact, the Bench said if required, some witnesses could be provided security by paramilitary forces, and if the threat to their life was grave, they could even be relocated to other states under an arrangement to be worked out by the Centre. Gujarat chief minister Narendra Modi could face more trouble in the Supreme Court for his alleged statement calling the court’s order on Monday for a probe into his role in the Gujarat riots a Congress conspiracy. The apex court on Friday decided to hear a contempt petition filed by Prashant Bhushan, amicus curiae in the case, against the chief minister who has been projected by many senior BJP leaders as L K Advani’s successor.
CASES UNDER SIT PROBE: SC has directed SIT to ensure fair investigation and trial in the following cases of 2002.
GODHRA CARNAGE : On February 27, 2002 59 persons, mainly kar sevaks, killed in S-6 coach of the Sabarmati express, here in Panchmahal district, sparking off state wide riots. 18 chargesheets filed by Gujarat police, 116 arrested. Interpol notices issued against two accused. NARODA GAM : February 28, 11 persons were burnt alive in this locality. SIT has arrested ex-minister Maya Kodnani taking the total arrests to 79. The survivors relocated to Ramol. NARODA PATIA : 95 persons were killed on February 28, and several women raped. Kodnani and VHP leader Jaideep Patel arrested by SIT. Total arrested are 67, most, including prime accused Babu Bajrangi out on bail.
GULBARG SOCIETY : Ex-Congress MP Ahsan Jafri and 67 others were killed here on February 28. The SC directed SIT to probe chief minister Narendra Modi on Jafri’s widow, Zakia’s petition. 77 arrested so far.
SARDARPURA : 33 persons asphyxiated and burnt in this village of Vijapur taluka of Mehsana district on March 1. Accused include former sarpanch of the village. 76 arrested so far.
ODE : At least 27 persons were killed in this village of Anand district on March 1. So far 95 have been arrested. SIT recently issued red corner notices against 5 NRIs in this case.
PRANTIJ : At least 11 persons including 2 British nationals were killed on the highway by a mob. Their wives have filed a civil suit against Modi. Six persons have been arrested.
DIPDA DARWAJA : 14 persons killed and dumped in a sewer on February 28, in this village of Mehsana district. At least 82 persons arrested, most of them out on bail.