2002 riots: Gujarat HC acquits BJP’s Kodnani

Manas Dasgupta

Ahmedabad, April 20

The Gujarat High Court on Friday acquitted former minister Mayaben Kodnani and 17 others in the 2002 Naroda Patiya riots case while upholding the life term for another key accused Babu Bajrangi, but with reduced period of 21 years.

The HC also held three others guilty from among the 29 acquitted by the special SIT court earlier. Unhappy with the verdict, the advocate for the victims said they would challenge it in the apex court.

On February 28, 2002, 97 people were killed in Naroda Patiya locality on the outskirts of Ahmedabad, a day after the Godhra train carnage in which 59 kar sevaks of the Vishwa Hindu Parishad were allegedly burnt alive.

It was one of the nine cases investigated by a Special Investigation Team of the CBI constituted at the behest of the Supreme Court. In August 2012, the special SIT court held 32 persons, including Babu Bajrangi and Maya Kodnani, guilty and acquitted 29 others.

Bajrangi, the former chief of the state Bajrang Dal, was sentenced to life imprisonment “till his death” while Kodnani was awarded 28 years in jail. She, however, is out on bail on health grounds for the past few years. Seven other accused were given enhanced life imprisonment of 21 years, which they were to serve after undergoing 10-year imprisonment under IPC Section 326 that relates to causing grievous hurt. The rest of the accused were given simple life imprisonment of 14 years.

Of the 32 found guilty by the special court, two persons had died during the trial period. Of the remaining 30, the HC acquitted 18, including Kodnani, finding only 12 guilty besides three of those acquitted by the SIT court came back into the custody after the HC held them guilty.

The 3,000-page judgment was pronounced by a division Bench of Justices Harsha Devani and AS Supehia on appeals filed by Kodnani and others against their conviction by the special SIT court while the SIT had also filed appeals for reviewing the acquittal of 29 others and enhancing the punishment of the convicts.

The Bench had concluded hearing on the appeals in August last year, but reserved the final order that was delivered on Friday.

The HC also rejected the plea by SIT to enhance the sentence for all those found guilty and also turned down the demand by victims’ families for financial compensation.

Government counsel Prashant Desai said the HC reduced Bajrangi’s sentence on the basis of parity of sentence.