Today, On 6th May, The Supreme Court refuses to interfere with the bench setup, dismissing the plea filed by convicts challenging the appeal hearing arrangement.
New Delhi: The Supreme Court on Tuesday dismissed objections from convicts in the 2002 Godhra train burning case, who argued that a two-judge bench was not authorized to hear their appeals.
The Court reasoned that the Gujarat High Court had already reduced the initial death sentences to life imprisonment.
Justices J.K. Maheshwari and Aravind Kumar presided over the bench, commencing the final hearing on a series of appeals. These included appeals by the Gujarat government challenging the commutation of death sentences, as well as appeals by convicts seeking to set-aside their convictions.
Senior advocate Sanjay Hegde, representing two convicts, argued that, based on the Supreme Court’s Constitution Bench decision in the 2014 Mohammad Arif alias Ashfaq judgment, cases involving the death penalty must be heard by a three-judge bench.
Hegde contended,
“Suppose, this bench of two judges decides to award death penalty to some accused, then it has to be re-argued before another bench of three judges.”
However, the bench rejected this argument, emphasizing that the 2014 ruling and the relevant Supreme Court rules mandate a three-judge bench only when a high court has either confirmed or imposed the death penalty.
Justice Maheshwari clarified,
“The Gujarat High Court, in the present case, commuted the death penalty of 11 convicts into life imprisonment and did not award the death penalty.”
The bench concluded,
“The trial court had awarded the death penalty. The objection is repelled.”
The case stems from the February 27, 2002, incident in Godhra, where 59 people died when the S-6 coach of the Sabarmati Express was set ablaze, triggering widespread communal riots across the state. I
Also Read: 2002 Godhra Train Burning Case| Supreme Court to Hear the Matter on February 13
n its October 2017 judgment, the Gujarat High Court upheld the conviction of 31 individuals and commuted the death sentence of 11 convicts to life imprisonment.
The Supreme Court had previously announced that the final hearing would begin on May 6 and 7. While the Gujarat government is appealing against the commutation of the 11 death sentences, several convicts are challenging the high court’s affirmation of their convictions.
Case Details: Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat., Criminal Appeal 517/2018 and others.