Ahmedabad, June 17
Calling the Gulberg massacre as the “darkest day” in the history of civil society, a special SIT court here on Friday sentenced 11 convicts to life imprisonment in the case of burning alive of 69 people, including former Congress MP Eshan Jafri in the 2002 post-Godhra violence.
Rejecting the demand for death sentence for all convicts, the court said life imprisonment for the 11 would be till death if the state did not exercise power to remit the sentence.
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The court awarded 10-year jail term to one of the 13 convicted for lesser offences while 12 others have been given seven-year sentence each.
The prosecution had argued that all 24 convicts should be given death penalty.
While describing the massacre as the darkest day in the history of civil society, Special Court Judge PB Desai refused death penalty saying, “If you look at all aspects, no previous antecedent has been placed on record.”
Post the incident, 90 per cent of the accused were released on bail, yet no complaints against them have been given even by victims, and there is no record to show that they committed any offence during the time of bail, the judge further said, while giving reasons why he thought that this was not a fit case to give capital punishment to the convicts.
The court said it had decided to award imprisonment for life without any time frame to 11 accused, who had been convicted of murder, while requesting the state not to use its power to remit the sentence after 14 years of imprisonment.
“CrPC provisions give power to the state to remit sentence after 14 years in jail, section 433-A imposes some restriction on that power. In case the state does not exercise power to remit the sentence, life imprisonment will mean that it is till death,” the court said.
“I cannot add beyond what has been prescribed under Section 302, it is not necessary for a state to exercise power to remit sentence, state may not exercise power of remittance,” the judge said, adding that the court’s direction could not be binding as he could not take away the executive powers of the state.
As regards the 13 others accused convicted for lesser offences not including murder (302), the court awarded 10 years imprisonment to one Mangilal Jain, while 12 others were awarded seven-year sentence each.
The Gulberg Society massacre, which took place here on February 28, 2002 when Narendra Modi was the Gujarat Chief Minister, shook the nation when a mob of 400 people set about attacking the society in the heart of Ahmedabad and killed the residents, including Jafri.
It was one of the nine cases of the 2002 Gujarat riots probed by the Supreme Court-appointed SIT.
“All the sentences will run concurrently as the Supreme Court has laid it down clearly that if the crime had single purpose, sentences given for different sections of the IPC should run concurrently,” the court said.
The prosecution and the victims had demanded that sentences awarded to all the accused should not run concurrently so that all 24 convicts would have to spend their entire life behind bars.
Earlier on June 2, the court had convicted 11 people for murder and other offences, while 13 others, including VHP leader Atul Vaidya, were charged with lesser offences. It had acquitted 36 others in the case.
Those given life sentence in the case are Kailash Dhobi, Yogendra Shekhawat, Jayesh Jingar, Krishna Kalal, Jayesh Parmar, Raju Tiwari, Bharat Rajput, Dinesh Sharma, Narayan Tank, Lakhansinh Chudasama and Bharat Taili.
One Mangilal Jain, who was convicted for lesser offence, has been sentenced to 10-year jail term.
Besides, VHP leader Atul Vaid, Mukesh Jingar, Prakash Padhiyar, Surendrasinh Chauhan, Dilip Parmar, Babu Marwadi, Manish Jain, Dharmesh Shukla, Kapil Mishra, Suresh Dhobi, Ambesh Jingar and Sandeep Punjabi have been sentenced to seven years imprisonment each.
During the argument on quantum of sentence, special public prosecutor and counsel for Supreme Court-appointed Special Investigation Team (SIT), RC Kodekar had asked the court for nothing less than death sentence or jail term till death for all 24 convicts.
Lawyer for the victims, SM Vora also sought maximum punishment for the accused and argued that sentencing for each offence should not run concurrently so that they spend their entire life in jail.
However, lawyer of the accused, Abhay Bhardwaj, has refuted the demand of capital punishment or maximum punishment in his arguments saying the incident was spontaneous and there were enough provocations for it.
The Gulberg society massacre was one of the nine cases of 2002 Gujarat riots probed by the SC-appointed SIT.
The incident had taken place a day after S-6 coach of Sabarmati Express was burnt near Godhra train station in which 58 kar sevaks returning from Ayodhya were killed.
During the course of trial, as many as 338 witnesses were cross-examined, with four different judges having presided over the case.
Court did injustice to me, will approach HC: Zakia Jafri
Zakia Jafri, the wife of former Congress MP Ehsan Jafri who was among the 69 killed in Gulberg society massacre, today expressed dissatisfaction over the verdict in the case, saying the court did “injustice” to her.
She also said that she will approach the high court against the verdict of the special SIT court.
Zakia is particularly unhappy with the seven-year jail term awarded to 12 convicts and 10-year sentence to one other convict, who were held guilty for lesser offences not including murder. She is also miffed with the acquittal of 36 others in the case.
“I don’t understand why 11 were given life imprisonment and some are given just seven or ten years of imprisonment.
“Why this selective approach as they all were part of a violent mob which killed people inside the society. This is wrong justice. The court did injustice to me,” Zakia said while talking to reporters.
“I was there in the society when the violent mob brutally killed my husband (Ehsan Jafri). He was an MP, yet he was hacked to death and burnt alive in the middle of road. Today’s verdict is not sufficient for such crime. I wished that court had given lifer to all of them who were involved in the crime,” she said.
According to her, those who were acquitted were also guilty and should be punished.
“My fight for justice will continue. Why these 36 were acquitted? Did they save any resident of the society? They were also part of the mob. I am not at all satisfied with today’s verdict. I will approach the high court against it, Zakia said.
However, her son Tanvir Jafri said there was definitely “some sense of closure” at the convictions but it would have to be seen why some of the accused were not convicted.
“We will definitely contest in the High Court some of the acquittals,” he said.
Former SIT chief R.K. Raghavan who had probed the incident, welcomed the judgment.
