Supreme Court pulls up Gujarat police, orders release of Akshardham convicts

Blames home minister — who was then Modi — for not ‘applying his mind’.

Written by Utkarsh Anand | New Delhi | Updated: May 17, 2014 9:30 am
Supreme Court Supreme Court

Pulling up Gujarat police for framing “innocent” people in the 2002 Akshardham temple attack case, the Supreme Court Friday ordered that all the six convicted by lower courts be freed, and blamed the Gujarat Home Minister for “non-application of the mind.”

A bench of Justices A K Patnaik and V Gopala Gowda blamed the home minister for “clear non-application of mind…in granting sanction,” since it was based neither on an informed decision nor on an independent analysis of facts… The court said the sanction was hence “void” and not a legal and valid sanction under POTA.

Gujarat CM Narendra Modi held the portfolio in November 2003 when sanction to prosecute them under Prevention of Terrorism Act (POTA) was granted.

The six had been convicted in the criminal conspiracy to plot the terror strike at Akshardham to avenge the post-Godhra communal riots. Two terrorists who sprayed bullets from AK-56 rifles killing and injuring devotees were killed by commandos on September 25, 2002.

After perusing evidence and lower court judgements, the SC bench noted “the story of prosecution crumbles at every juncture”. The court said, “The confessional statements cannot be relied upon and the case of the prosecution fails. Accordingly, we hold there is no independent evidence on record to prove guilt of the accused beyond reasonable doubt in the face of retractions and grave allegations of torture and violation of human rights the accused have made against police,” it said.

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  1. H
    May 19, 2014 at 7:05 am
    So, if the Gujarat Minister failed to apply mind, what about the lower courts? Did they lose their mind too?
  2. N
    May 22, 2014 at 4:39 pm
    You can not really trust the lower courts of our country ... Most of the times the courts work for the benefits of the state governments ...
  3. S
    May 26, 2014 at 7:27 pm
    Well come to Gujarat Model
  4. S
    May 26, 2014 at 7:27 pm
    wow...not much commenting here.....kya saanp soongh a???Otherwise Modi supporters are every where doing NaMo wonder they have so many bhagwans of all types.
  5. S
    May 23, 2014 at 9:45 am
    Lower judiciary has become totally just needs to visit courts to get the situation..12 years for this guys to get justice..horrible!!
  6. A
    Albert Colaco
    Jun 3, 2014 at 6:28 am
    All puppets dancing to their master's tune.
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