Gujarat to press for death penalty for 11 convicts in Godhra train burning case

“It is consistent that the bogey was locked from outside. The 59 people who died included ladies and children…. This is a rarest of rare case…. We will be seriously pressing for award of death penalty to the convicts whose death penalties were commuted into life imprisonment,” Solicitor General Tushar Mehta, representing the State, told a three-judge bench presided by Chief Justice of India D Y Chandrachud.

He told the bench, also comprising Justices P S Narasimha and J B Pardiwala, that the first convict who had challenged the sentence was identified in the Test Identification Parade. “He was pelting stones with the motive of not letting passengers come out. The role of the second convict is also clear,” he submitted.

Mehta said that as regards the third convict, a deadly weapon was found on him, while the fourth played an active role in hatching the conspiracy. “He purchased petrol, stored petrol, carried petrol and used the petrol for the purpose of burning…” he submitted.

Mehta pointed out that the trial court had convicted and sentenced 20 men to life imprisonment and imposed the death penalty on 11.

The SC pointed out that on May 13, 2022, it had granted interim bail to one accused — Abdul Rahman Dhantiya — on medical grounds to attend to his wife, a cancer patient, and mentally challenged daughters. It also gave bail to another convict who spent 17 years in jail on December 15, 2022

The bench asked Mehta whether the convicts will be eligible for release under the State’s premature release policy. The S-G said they would not be eligible for the relief, as they had been booked under the Terrorist and Disruptive Activities (Prevention) Act, 1987.

Senior advocate K T S Tulsi said one of the convicts did not even know Gujarati and had put his thumb impression on a statement without knowing its contents.

Noting that many bail applications had been filed, the court adjourned the hearing and asked the parties to draw up a comprehensive chart indicating details of each convict.