The Supreme Court of India, on May 6, began the final hearing of the 2018 appeals in the 2002 Godhra train burning case. The appeals included those filed by the convicts challenging their convictions and the State of Gujarat seeking the death penalty for some of the convicts. These appeals were presented before a two-judge bench of Justice J.K. Maheshwari and Justice Aravind Kumar.
At the outset, Senior Advocate Sanjay Hegde, representing the convicts, argued that since the State was pursuing the death penalty for some individuals, the case should be heard by a three-judge bench. He cited the Supreme Court’s judgment in Mohd. Arif @ Ashfaq vs The Reg. Supreme Court of India & Ors (2014), which mandates that death penalty cases be heard by a three-judge bench.
Hegde emphasized that many years had passed since the appeals were filed. He also referred to Order VI, Rule III of the Supreme Court Rules to support his argument. However, the bench disagreed with his interpretation, stating:
"We have perused the judgment of Mohd Arif...In the present case, the situation is not as indicated in the judgment of Mohd Arif. The objections are repelled. We are inclined to hear the appeal of the State before us."
Background of the Godhra Train Burning Case:
The Godhra incident occurred on February 27, 2002, when a fire broke out in the S-6 coach of the Sabarmati Express, killing 58 passengers, most of whom were kar sevaks returning from Ayodhya. The incident led to widespread communal riots in Gujarat.
In 2011, a trial court convicted 31 individuals. Among them, 11 were sentenced to death, and 20 received life imprisonment. Another 63 accused were acquitted. However, in 2017, the Gujarat High Court commuted the death sentences of 11 convicts to life imprisonment while maintaining the life sentences of the remaining 20.
In the ongoing appeal, the Supreme Court has issued several interim orders:
- May 13, 2022: Interim bail was granted to convict Abdul Raheman Dhantiya alias Kankatto alias Jamburo, due to his wife’s terminal cancer and his daughters' mental health conditions.
- November 11, 2022: The bail of Abdul Raheman was extended till March 31, 2023.
- December 15, 2022: Bail was granted to another convict, Farook, considering his 17-year imprisonment and his minor role in stone-pelting.
- April 2023: The Supreme Court granted bail to eight life convicts and rejected the pleas of four others.
- August 2023: Bail was denied to three convicts, including Saukat Yusuf Ismail Mohan alias Bibino, based on their specific roles in the crime.
The Supreme Court’s decision to reject the demand for a three-judge bench in this case clarifies that the appeal for restoring the death penalty can proceed before the two-judge bench. The hearing of these appeals will continue.
Case Details: Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat., Criminal Appeal 517/2018 and others.
