Naroda Gam massacre: Special court rejects Maya Kodnani’s plea seeking recall of witness

Special judge PB Desai rejected the application on the ground that the trial is not at the stage to entertain such application.

Written by Satish Jha | Ahmedabad | Updated: December 6, 2016 3:37 am
maya kodnani, gujarat riots, godhra riots, naroda gam riots, naroda patia, anti muslim riots, gujarat muslim riots, VHP, vishwa hindu parishad Former BJP minister and an accused in the case Maya Kodnani

A special court hearing the Naroda Gam massacre case related to the 2002 Gujarat riots on Monday rejected an application moved by former BJP minister Maya Kodnani, an accused in the case. The application sought recall of a witness, K K Mysorewala, a former police inspector who first investigated the case.

Special judge P B Desai said the trial was not at a stage to entertain such an application. “I am not going to allow such an application since it will open a Pandora’s box,” he said. This witness can be summoned at a later stage, the court added.

Earlier, the Supreme Court appointed-special investigation team (SIT) had opposed Kodnani’s plea saying it would delay the trial. It had said that the application was nothing but an attempt to delay the trial.

Kodnani, sentenced to life imprisonment in the Naroda Patiya massacre case, is a key accused in the Naroda Gam case —— one of the nine major rioting cases probed by the SIT. The 82 accused in the case include former Bajrang Dal leader Babubhai Patel alias Babu Bajrangi, who is also serving life sentence in the Naroda Patiya case, and former VHP leader Jaydeep Patel.

Kodnani moved the application before the court on July 10, 2015, seeking recall of retired policeman Mysorewala, a key witness, who was police inspector at Naroda police station when the riots began on February 28, 2002. Her application mentioned that Mysorewala’s statements were recorded by the SIT twice in 2008 and 2009. It claimed that during Mysorewala’s cross-examination, “some relevant questions” were not asked and, therefore, the applicant (Kodnani) should be given an opportunity to re-examine Mysorewala.

The application claimed that five key witnesses in the case had filed affidavits in the Supreme Court on the riots which were not true. According to the application, if Mysorewala is recalled, he may be asked about the authenticity of these affidavits.

The SIT, in its reply, opposed the application, stating that the “defence in order to fill up a lacuna wants to recall the witness”. The SIT said the application was just a tactic to delay the trial, which was likely to conclude soon. Eleven persons from the minority community were killed in the Naroda Gam incident.

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  1. K
    Dec 5, 2016 at 6:39 pm
    How dare the Terrorist is ? trying to play with the Law or searching loops of the Law? actually she has to be Hanged alongwith two other Terrorists Bajrangi Babu and Jayadeep Patel. If the sentence would have been pronounced and executed, these Terrorists death anniversaries would have been remembered. But, the leniency shown by giving life imprisonment made these Terrorists bold enough to beg. Oh God ! Save my Great Nation from these Terrorists and made my Nation as a Land of Justice.
    1. P
      P Balu
      Dec 5, 2016 at 12:41 pm
      BJP has now paid all the witnesses and this nasty woman wants a retrial??? Know these communal thugs well and please do not let them in to your house.
      1. R
        Dec 5, 2016 at 6:45 pm
        Kodnani and Babu Bajrangi should be awarded Bharat Ratna and Mahaveer Chakra along with Nathuram GODse. It's a going to be a big dilemma whether Nobel peace prize goes to Bhagwat or Modi?
        1. V
          Dec 5, 2016 at 10:56 am
          no one commented on this one ? strange - she is ex bjp minister , are you all still convinced that bjp had no hand in this macre and the top man and his golu chela are innocent ?
          1. R
            Dec 5, 2016 at 6:41 pm
            Why did the Gujarat Govt refuse to push for the death penalty, the maximum punishment liable in the case?
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