Judge frees two, flays cops

Acquitting the two, the judge came down heavily on the Naroda police for sloppy investigation: ‘‘Even though telling police how to investigate a case is not the job of the court, I feel that investigation in the case is not only faulty and but also shallow… There has been no recovery of weapons and no identification parade was carried out.’’

Asking the Home Department and the Police Commissioner to reinvestigate the case, Additional Sessions Judge G.M. Gadhvi said though it was the duty of police to see that the case reached its logical end, ‘‘when this does not happen, it falls upon the court to see that the real accused are brought to book’’.

The reinvestigation order came after additional public prosecutor V. Gajjar submitted, ‘‘In such a serious case, the court cannot just remain a mute spectator and a recording machine.’’

According to the FIR, Chauhan was murdered near an ice factory on 28 February 2002, the day the VHP had given a Gujarat bandh call to protest the killing of Hindus in the S-6 coach of Sabarmati Express.

Chauhan’s body, bearing sword cuts all over, was found by a constable, who took it to the Civil Hospital. There, it lay for six days before Chauhan’s brother identified it. He had lodged a complaint on March 10.

Later in the day, a mob attacked Naroda-Patiya, and killed more than 80 Muslims, including women and children. Many police officers believe that it was the killing of Chauhan that led to the massacre.

In his statement to police, Dalvi had said he saw the two accused attack and kill Chauhan with swords. However, in the court, he said he had made that statement under police pressure.