Sixty-nine of the accused in the 2002 Naroda Gam massacre case,who had sought to transfer the case trial from the court of designated judge Jyotsana Yagnik alleging bias,withdrew their petition before the Gujarat High Court Monday.
Their advocate,Hardik Patel,said since they had approached the HC directly without approaching the subordinate court,the single-judge bench of Justice S R Brahmbhatt was not inclined to hear it.
We will now move before the court of Principal Judge of the City Civil & Sessions Court (which is presided over by Yagnik only) with the petition, Patel said.
Earlier,former BJP minister Dr Maya Kodnani,Bajrang Dal leader Babu Patel alias Bajrangi and one Kishan Korani,all convicted in the 2002 Naroda Patiya massacre case and sentenced to life imprisonment by the same judge,had moved a petition before the High Court to transfer the Naroda Gam case outside Yagniks court.
The three,who are also accused in the Naroda Gam case,argued that since Yagnik had convicted them in Naroda Patiya case,she would be prejudiced as the evidence was identical in both the cases.
The petition,however,was rejected by the HC.
Eleven persons were killed at Naroda Gam during the 2002 riots. Around 79 accused are undergoing trial in the case.