Gulberg Society case: 61 accused can’t find lawyer

Gulberg Society massacre is among the nine riots cases being probed by the Supreme Court-appointed SIT. The case is at the stage of final arguments and the SIT, the prosecution, has concluded its arguments about two months back. Sixty-nine persons, including former Congress MP Ahsan Jafri, whose widow Zakia has accused Prime Minister Narendra Modi and others of orchestrating the riots, were killed on February 28, 2002 in the aftermath of Sabarmati Express train carnage in Godhra. 61 accused are facing the trial in the case. Two months back, Amin retired from the case after his appointment in HC. He filed a pursis, stating that senior lawyer Nirupam Nanavati would replace him.

However, the accused sought adjournment on Monday on the ground that they were yet to arrange a lawyer. The court took a strong objection to it and issued a show-cause notice to Amin, saying he retired from the case “without following statutory provisions and why action should not be taken against him as well as the accused for delaying the proceeding”. The order states, “The accused have completely and utterly disregarded the order of the court and specifically in the light of the strict time frame fixed by SC, this trial cannot be paralysed on account of such tactics by the accused.”

The court passed the order while rejecting the plea for adjournment on the same ground that, “Severe consequential orders would be passed, if further adjournment is sought on the same ground.” The order notes that “the arguments of the prosecution have concluded more than two months back and it is unfortunate that even today, the present application has been tendered seeking adjournment on the same ground that the accused wish to engage a fresh lawyer for their case.”

On Wednesday, when Amin appeared before the court, he assured that a lawyer will be appointed soon. However, the court again passed an order, stating that if a lawyer was not appointed by June 8, it would call each of the accused and hear them. On April 24, SC had granted extension of three more months to finish the trial by July 24. Citing the extension, the court said that it couldn’t seek extension from the top court on the ground that the defence lawyer was yet to be arranged. Nanavati said he refused to appear as defence lawyer since he was preoccupied. He said, “I can’t discuss my conversation with the client.”