'Not an isolated incident of murder", Supreme Court says refusing bail to three accused in Godhra train carnage

Read Time: 05 minutes

Synopsis

Gujarat Government had earlier opposed the grant of bail to some life convicts in the Godhra train carnage cases stating that their role was not restricted to mere stone pelting but more heinous crimes.

The Supreme Court today refused to grant bail to three accused in the 2002 incidents of Godhra Carnage wherein 59 Hindu pilgrims were killed while returning from Ayodhya.

"The incident is also a very serious one..it is not an isolated incident of murder..", a CJI Chandrachud led bench observed.

Senior Advocate Sanjay Hegde appeared for the convicts Shaukat, Siddique and Bilal. Hedge submitted that the allegation against two of the accused, was of stone pelting and a further allegation is of stealing ornaments was against one of them.

Solicitor General Tushar Mehta relied on witness statements and said, "Bilal is the main conspirator. He was present in the mob with deadly weapons. He was seen damaging the train bogey with iron bars.."

Court was further told that State of Gujarat's enhancement appeal against the accused was also pending.

"At this stage we are not inclined to grant them bail. List before appropriate bench for hearing of appeal...", the bench comprising Justices Pardiwala and Manoj Misra ordered.

Earlier this year, Solicitor General Tushar Mehta had told the Supreme Court that the state would be vehemently opposing the release of the convicts who had been awarded death sentence by the trial court.

SG Mehta had also told 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.

In December last year, the Supreme Court had granted bail to Farook, a life convict who had already served 17 years of his sentence.

Notably,  Top Court had also 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.

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.

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

Case Title: ABDUL RAHEMAN DHANTIYA @ KANKATTO @ JAMBURO vs. THE STATE OF GUJARAT