Gujrat HC commutes death term of 11 Godhra convicts

Life term for 20 others upheld; Bench apologizes for delayed verdict

The Gujrat High Court on Monday commuted the death sentence awarded to 11 persons in the 2002 Godhra train burning case to life imprisonment.

It also upheld the life imprisonment awarded to 20 other convicts while endorsing the acquittal of 63 other accused.

In March 2011, the special trial court had convicted 31 persons, of whom 11 were sentenced to death and the remaining 20 awarded life in prison. 

On Monday,  more than two years after the hearing was completed in a set of appeals filed by the convicts as well as the prosecution challenging the trial court order, the High Court's Division Bench of Justice A.S. Dave and G.R. Udhwani pronounced the verdict.

Acquittals unchanged

The court refused to alter the acquittal of 63 re accused including late Maulana Umarji, who was dubbed by the Gujrat police and SIT as the mastermind of the train burning case. Maulana Umarji died in 2013.

The High Court rejected the appeals fields by the SIT against the acquittal of 63 people, and also its appeals seeking enhancement of sentences. The court also rejected the appeals against convicted.

The Bench relied on the testimonies of injured witnesses, passengers Railay employees, RPF personnel, two policemen, experts from forensics laboratories and also confessional statements. 

The Bench expressed regret at the inordinate delay of over two years before reading out the operative part of the verdict. The court held that the state government had fielded in discharging its duty in maintaining law and order during the incident and direct it to pay compensation of 10 lakh each to the families of 59 persons Killed in the train fire. 

The Bench said the trial court judge did not address this aspect and compensation to those who suffered injuries should be decided by the government.

Trial court judge P.R. Patel, now posted as Registration in the High Court, had held the case as the 'rarest of rare' and accepted the findings of the Supreme Court-appointed SIT, which probed the case.