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This is an archive article published on April 2, 2023

2002 Gujarat riots: Halol court acquitted 27 as testimonies of 190 witnesses did not support prosecution’s case

Of the 39 accused in the case, which included four from the minority community and R J Patil – the then sub-inspector of Kalol police station – as many as 12, including Patil, died during the course of the trial that lasted 20 years, four months and 13 days

Gujarat Riots 2000While acquitting the 27 surviving accused, the 3rd Additional Sessions Judge L G Chudasma of the Halol court observed, "The prosecution case is based on mere suspicion without any evidences on record..." (File)
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2002 Gujarat riots: Halol court acquitted 27 as testimonies of 190 witnesses did not support prosecution’s case
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Not a single one of the 190 witness testimonies in the post-Godhra riots that broke out in Kalol on March 1, 2002 could help the prosecution prove its case, the sessions court in Panchmahal district’s Halol noted in its 153-page order, delivered on March 31, acquitting the 27 surviving accused.

Over 13 persons were killed in the riots when mobs belonging to “Hindu and Muslim communities” came face-to-face. Of the 39 accused in the case, which included four from the minority community and R J Patil – the then sub-inspector of Kalol police station – as many as 12, including Patil, died during the course of the trial that lasted 20 years, four months and 13 days. The accused had been booked under Indian Penal Code Sections for rioting, unlawful assembly, rioting with armed weapons, murder and causing disappearance of evidence, among other sections.

While acquitting the 27 surviving accused, the 3rd Additional Sessions Judge L G Chudasma of the Halol court observed, “The prosecution case is based on mere suspicion without any evidences on record…”

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The court, which was hearing eight separate chargesheets filed by the Kalol police for incidents that occurred on March 1, 2002, held that the 190 witnesses had either “turned hostile” or “not supported the prosecution case” or were “unable to recall facts or identify accused”.

Among the most significant cases of the prosecution was the massacre in Ambika Society, where a group of 38 from a community, moving from Delol village to Kalol, were attacked. The prosecution had contended that a total of 11 people were killed and set on fire while 17 others, including an eight-year-old, ran to escape. One woman had alleged that she was gang-raped and that one of her toes were cut off by the perpetrators. However, while deposing in court, the woman “failed to identify the accused”, thus leading the court to observe that “the gang-rape cannot be proven”.

Another case was in connection with the murder of one Imran Ghodawala who was allegedly killed with a sword and then dragged by the mob into a masjid which was set on fire. The witnesses could not corroborate facts, the court observed, thus holding them as “witnesses, whose testimonies does not help the prosecution”.

The prosecution case stated that mobs, which went on a rampage, destroyed properties and vehicles in Punji Faliya, Jetpur Seem, Porwad, Kalal Zampa, Kalol GIDC, and set on fire brickwork and standing crops in a field, causing property damages of Rs 45.47 lakh. Similarly, another mob destroyed property worth Rs 2.5 lakh, the prosecution case had contended. However, while stating that the testimonies of the witnesses were not supporting the prosecution case, the court observed, “Those whose properties had been damaged have also not named any accused or identified any accused.”

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