SC rejects bail for Godhra train burning convicts awarded death penalty

The Supreme Court on Monday dismissed the bail pleas of the convicts in the 2002 Godhra train burning case who were awarded the death penalty by the trial court but it was commuted to life sentence by the Gujarat high court.

While 11 convicts were sentenced to death, 20 others were sent to life imprisonment by the trial court.

The HC had upheld 31 convictions in the case while commuting the death penalties and some of them have moved the top court seeking bail till the disposal of their appeals against their conviction and sentence.

On February 27, 2002, 59 people were killed when the S-6 coach of the Sabarmati Express was burnt at Gujarat's Godhra, triggering riots in the state.

A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala said that there was a need to create a distinction for efficiently dealing with the batch of bail pleas of convicts, besides the appeals of the state government against the commutation of the death penalty into life term.

The bench said, at present, it is dismissing the bail applications of those who were granted the death penalty by the trial court before the commutation of their sentence.

The bench has now kept the remaining bail applications of convicts for disposal on April 21.

At the outset, Solicitor General Tushar Mehta, appearing for the Gujarat government, said, ”We will be seriously pressing for the award of the death penalty to the convicts whose death penalties were commuted into life imprisonment (by the Gujarat High Court). This is a rarest of rare case where 59 people, including women and children, were burnt alive."

"It is consistent everywhere that the bogie (coach) was locked from the outside. This is not a simple case of stone pelting. Fifty-nine died, including ladies and children," he added.

On March 24, the top court had said it will dispose of the bail applications of the convicts on the next date of hearing of the matter.

On February 20, the state government had told the top court that it will be seeking the death penalty for 11 convicts whose sentences in the 2002 Godhra train burning case were commuted to life imprisonment by the Gujarat High Court.

Giving details on the court case, the law officer had said 11 convicts were sentenced to death by a trial court and 20 others were granted life term in the case. The high court upheld a total of 31 convictions in the case and commuted the death penalties of the 11 convicts to life term.

The state government has come in appeal against the commutation of the death penalty into a life term for 11 convicts, Mehta had said.

Several accused, he added, have filed pleas against the high court upholding their convictions in the case.

The top court has granted bail to two convicts in the case so far. Seven other bail pleas are pending adjudication in the matter.

The bench noted that a large number of bail applications have been filed before it in the case and said, "It has been agreed that the AORs (advocates-on-record) on behalf of applicants along with advocate Swati Ghildiyal, standing counsel for Gujarat, shall prepare a comprehensive chart with all relevant details. List after three weeks."

The Supreme Court had on January 30 sought the Gujarat government's response on the bail pleas of some of the convicts sentenced to life imprisonment in the case.

The court issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto and Abdul Sattar Ibrahim Gaddi Asla, among others.

The state government, on the other hand, said it was not "merely a stone pelting" case as the convicts had bolted a coach of the Sabarmati Express, leading to the death of several passengers on the train.

On December 15, last year, the top court granted bail to one Faruk, who was serving a life sentence in the case and noted that he had been in jail for 17 years.

Faruk, along with several others, was convicted for pelting stones at a coach of the train.