New Delhi, April 21: The Supreme Court on Friday granted bail to eight convicts in the 2002 Godhra train coach-burning case. However the top court refused to consider bail application of other four other convicts in view of their role.
A bench headed by Chief Justice of DY Chandrachud granted bail to the eight convicts. These eight people were those who were convicted and sentenced to life imprisonment and their sentences were upheld by the trial court order. Godhra Train Burning Case: Supreme Court To Hear Pleas of Gujarat Government, Convicts on April 10.
The top court has earlier denied the bail application of those accused persons whose death sentence awarded by the trial Court was commuted to life imprisonment by the Gujarat High Court.
The top court noted that the sentence of death which was awarded by the trial Court has been commuted to life imprisonment by the High Court and the State Government has preferred appeals against the order of the High Court. 11 accused were sentenced death penalty by the trial court. Later Gujarat HC commuted the death sentence to life imprisonment.
Gujarat Government on Monday reiterated that the convicts of the 2002 Godhra train coach-burning case were involved in serious offences as they pelted stones and bolted the door of the train and opposed their bail plea. Godhra Train Carnage 2002 Case: Court Awards Life Imprisonment to Accused Rafik Bhatuk.
Solicitor General Tushar Mehta submitted before the top court that it is just not a case of stone pelting but the accused had bolted the door of the train from outside and then pelted stones. However, the convicts’ lawyers submitted that they have served 17 years in prison.
The court on Monday also remarked that it is thinking of not granting bail to the ones who were given a death sentence. The court was hearing bail pleas of some convicts sentenced to life imprisonment in the 2002 Godhra train coach-burning case.
In the earlier hearing, the SC sought a chart mentioning the specific role of convicts, their age and the period undergone by them in matters pertaining to the 2002 Godhra train coach-burning case. The court asked the advocates on record appearing on behalf of the petitioner and state counsel to sit together and prepare one consolidated chart for the convenience of the bench.
Appearing for the State of Gujarat, Solicitor General Tushar Mehta has strongly opposed the bail pleas of the convicts saying that it was a very serious crime. He has submitted that it was the rarest of rare offences.
He has also submitted that the cases of convicts could not be considered for premature release under the Gujarat state’s policy as TADA provisions had been invoked against them
The court was hearing the bail pleas of some convicts in the matter. The state government has also filed appeals against the Gujarat High Court order which has commuted the sentence of some convicts from the death penalty to life imprisonment.
Around 58 people lost their lives when some coaches of Sabarmati Express were torched at the Godhra Railway Station in Gujarat on February 27, 2002.
The incident triggered large-scale riots in Gujarat. A local court in 2011 convicted 31 accused and acquitted 63 people. 11 accused were sentenced death penalty while the rest were awarded life imprisonment.
Later Gujarat High Court upheld the trial court decision to convict the 31 accused but commuted the death sentence of the 11 to life imprisonment.
Convicts moved the Supreme Court challenging the Gujarat High Court order.
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