Guj HC rejects petition of Godhra train carnage accused

This is one of the nine cases,related to Godhra train carnage and subsequent riots,which was probed afresh by the Supreme Court-appointed Special Investigation Team (SIT). The apex court has asked the judges conducting trial in these cases to go ahead with the proceedings,but not to deliver the verdict.

Sheikh moved the High Court after Special Judge P R Patel,trying the case related to burning of Sabarmati Express near Godhra on February 27,2002,ruled that his confessional statement recorded under Section 32 of Prevention of Terrorism Act could be taken as evidence during the trial and the court would decide on its admissibility at a later stage.

In his petition,Sheikh had contended that since Pota charges were dropped in the case by an order of the High Court given on the recommendation of Pota Review Committee,his statement cannot be used during the trial being conducted under the provisions of CrPC and IPC.

Sheikh’s counsel had argued that with dropping of Pota in this case,Section 25 of the Evidence Act comes into play and this provision prohibits admissibility of confessions given to police in a court of law.

Senior counsel of the Supreme Court Shushil Kumar,who represented the State Government,had opposed the petitioner’s argument and contended that the trial judge was right in deciding to take the confession on record as evidence.

Kumar had further said that since the trial court judge has held that admissibility of confessions would be decided at a later state,his decision was appropriate.

SIT counsels K G Menon and Ajay Choksi also had supported the Government’s arguments.

After hearing the arguments of both sides,Justice Dave rejected Sheikh’s plea.

The trial in the eight-year-old case was nearing competition as prosecution has completed its arguments,most of the witnesses have deposed and statements of the accused (numbering over 100) have been recorded.

The trail in the incident,in which 58 karsaveks were killed,is being conducted inside the high security Sabarmati Jail here. The train carnage had triggered widespread riots in the state.