In February 2023, the Gujarat government had informed the Supreme Court that it would seek the death penalty for the 11 convicts whose sentences had been reduced to life imprisonment by the High Court.
NEW DELHI: The Supreme Court has scheduled a hearing for February 13 regarding the appeals filed by the Gujarat government and several convicts involved in the 2002 Godhra train burning case.
The bench, consisting of Justices J.K. Maheshwari and Aravind Kumar, has made it clear that no adjournment will be allowed on the next hearing date.
BRIEF:
On February 27, 2002, 59 people lost their lives when the S-6 coach of the Sabarmati Express was set on fire at Godhra station in Gujarat. This tragic event sparked widespread riots across the state. Several appeals have been filed in the Supreme Court, challenging the Gujarat High Court’s judgment from October 2017. The High Court had upheld the convictions of several individuals involved in the case, but it had commuted the death sentences of 11 convicts to life imprisonment.
In February 2023, the Gujarat government had informed the Supreme Court that it would seek the death penalty for the 11 convicts whose sentences had been reduced to life imprisonment by the High Court.
During Thursday’s hearing, a lawyer representing one of the convicts argued that no evidence had been presented in the case.
Justice Maheshwari, responding firmly, said, “We don’t know. We will hear the matter and we had clarified this earlier. We will not adjourn this case. This case has been adjourned at least five times. (For the) last one year, I have been adjourning this matter.”
The lawyer further mentioned that some convicts had filed remission pleas, which are still pending.
However, the bench rejected the request for adjournment and stated, “We have instructions from the Chief Justice’s office that the cases of criminal appeal and remission need not to be heard together.”
Senior Advocate Sanjay Hegde, who was representing one of the convicts, requested that the appeal filed by Gujarat, which challenges the commutation of death penalties to life imprisonment, should be heard first.
He pointed out, “Twenty-two years have passed… My clients have not been awarded death. This bench will have to first confirm the guilt. Once that is confirmed, then comes the sentencing part. When we go through that, that will possibly take time. There will be repercussion if you were to send to three judges.”
The court then decided to defer the matter to February 13, after lawyers representing the convicts sought additional time to prepare. Earlier, in the Supreme Court, the state’s counsel had explained that the trial court had sentenced 11 individuals to death, while 20 others were given life sentences.
The High Court had upheld the convictions but reduced the death sentences of the 11 convicts to life terms. The Gujarat government has appealed against the commutation of the death penalty, while several convicts have challenged the High Court’s ruling that upheld their convictions.
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