Read Time: 06 minutes

Synopsis

In an appeal filed by the State of Gujarat challenging the High Court's order which brought down the capital sentence awarded to the convicts of the Godhra train carnage, to life sentence, Solicitor General Tushar Mehta today told the Supreme Court that locking a train bogey with passengers inside and pelting stones would not just be considered stone pelting.

"They say it is stone pelting. But when you lock a bogey with 59 passengers inside and pelt stones, then it is not just stone pelting...", SG Mehta told a CJI led bench.

Court was then requested to hear the matter finally, to which the bench agreed. 

"Very well we will hear it", said the CJI while issuing notice.

In December last year, the Supreme Court had granted bail to Farook, a life convict in the Godhra train burning case of 2002 in which 59 Hindu pilgrims returning from Ayodhya were burnt alive.

A bench led by Chief Justice of India DY Chandrachud had stated that Farook had already served 17 years of his sentence.

Earlier, the Gujarat Government represented by SG Mehta had opposed the grant of bail to some life convicts serving life sentences stating that they were not mere stone pelters but their actions had prevented persons who were trapped inside the burning train from escaping.

The Top Court had then sought the individual roles to be stipulated of each other convicts, adding that they had already spent 17-18 years in jail.

Last month, the Top Court had extended bail to Abdul Raheman Abdul Majid, a convicted co-conspirator who carried out the Godhra Carnage in 2002 and was sentenced to life imprisonment.

A bench of Chief Justice of India DY Chandrachud, Justices Hima Kohli & JB Pardiwala had then said that the bail shall be extended on earlier ground vide an order dated May 13, 2022, of his wife being terminally ill and child being specially abled. Accordingly, the bail order was extended till March 31, 2023.

Farook’s appeal against the Gujarat High Court order of October 9, 2017 upholding his conviction had been challenged before Supreme Court and is pending adjudication.

While sentencing Farook along with other accused persons who were stone pelters, the Gujarat High Court took note of the fact that the obstruction was carried out so that the fire in which Kar Sevaks were conspired to be killed continued.

The 2002 Godhra Carnage conspiracy led to coach No.S­6 of Sabarmati Express being fully burnt and coach No.S­5 and S­7 being affected by flames and stone pelting, killing 59 Hindu pilgrims.

Further, the High Court noted that railways property worth Rs.17,62,475 was intentionally damaged and damage was also caused to the baggage of the passengers.