Juvenile found guilty in Gulberg massacre

The court primarily relied on the testimonies of survivor and witness Saira Sandhi and SIT member Jayantilal Suthar. This is the first such conviction of a juvenile of the nine major riot cases investigated by the Supreme Court-appointed SIT. Four more juveniles continue to face trial in the train burning case of February 27, 2002 in Godhra.

Principal Magistrate of JJB Ahmedabad DA Jadav recorded that “there were no records of their involvement in the offences alleged except for the three being arraigned as accused only on the basis of the three being reported as medico-legal cases after they went to Ahmedabad Civil Hospital after sustaining injuries during the incident”.

The order notes that there are “no clear record” of the three juveniles being in the mob and “their role in the offence cannot be established without doubt solely” on the basis of MLC records.

Taking into account the circumstances at the time of incident, JJB observed that the convicted juvenile used to work at a bakery at the time of the incident due to dire financial circumstances of the family and his mother used to sell vegetables, and with him attaining limited education and no other criminal record over the years, imposed a penalty of Rs 15,000, to be deposited to the Children Welfare Fund.

Then PI of Meghaninagar police station KG Erda, who also deposed on behalf of the cross-examination, had admitted that no names of juveniles were revealed at the time of investigation, as did other police officials examined during the proceedings.
While the three juveniles declared innocent of all charges were arrested between March 13, 2002 and June 6, 2002, the juvenile found guilty was arrested in December 2008.

Saira Sandhi, who lost several members of her family including her son whose body was never found, had submitted statements before the police in March 2002 during the course of the investigation in the massacre that arose out of an FIR registered at the Meghaninagar police station, narrating the incident.

In her testimony before the JJB, Sandhi submitted that while Gulberg society was being attacked by the mob, she had seen “one juvenile in the mob named ‘Bhuriya’, who had a can of petrol in his hand and saw him setting fire to (Ehsan) Jafri’s house by throwing petrol and said to the men with him ‘We have to find Jafri and get rid of him’.” While being cross examined by the defence, Sandhi stated that the juvenile she identified lived in front of her house and would be aged around 15 or 16 years at the time of incident.

Ahmedabad city L-division ACP Jayantilal Suthar, who was relieved from his ACP role on May 13, 2008 so that he can serve on the SC-appointed SIT also deposed before the JJB Ahmedabad.

Suthar attested to Sandhi’s affidavit before the SIT and that as per the SIT’s mandate that required to initiate proceedings on any new evidence brought forth by the victims or the public, the same was initiated and pursuant to the same, the juvenile was arrested. At the time of his arrest, the juvenile was aged 21 years and at the time of the incident he was aged 15 years.

Relying on Suthar and Sandhi’s evidence, the court held that his guilt is proven in so far as offences of IPC section 323 (voluntarily causing hurt), 337 (causes hurt by rash or negligent act), 435, 436, 427 (commits mischief by fire), 395, 396, 397 and 398 (committing dacoity and robbery), 153 A (1) (a) (b) and 153 A (1) (promotes communal enmity), 143 147, 148, 149 (unlawful assembly and rioting), 120(b) (criminal conspiracy).

JJB Ahmedabad also ruled that charges of offences under IPC section 186, 188 (obstructs duty of public servant), 376 (rape), and 302 (murder) are not proven against the juvenile.