2002 Godhra train burning case: SC dismisses bail plea of 3 convicts

New Delhi: The Supreme Court on Monday rejected the bail application of three convicts in the 2002 Godhra train burning case, in which 59 people were killed after coach S6 of Sabarmati Express was set on fire.

A bench comprising Chief Justice of India D.Y. Chandrachud, Justices J.B. Pardiwala, and Manoj Misra dismissed the plea stating that their offenses are “serious and not isolated ones”.

“None of them was awarded the death penalty and two of three are serving life imprisonment on charges of pelting stones. Further, he apprised the court that one convict has been in custody for over 17.5 years over charges of robbing gold ornaments, adding that no jewellery was ever recovered from him,” senior advocate Sanjay Hedge, appearing for convicts said.

Solicitor General Tushar Mehta, representing the Gujarat government, opposed the pleas while referring to their specific role set out in the order of the trial court.

The bench was informed that the charges against the three accused were not just stone pelting. One accused was found guilty of being the main conspirator who also actively participated in the act of burning the bogie of the train, Mehta said.

"After the coach was set afire by miscreants, the convicts rained stones on the coach to ensure that neither the passengers could exit the burning coach to save their lives nor anyone from the outside could go to rescue them. They also poured kerosene, and petrol on the burning coach,” Mehta added.

However, the bench clarified that dismissal of their application for release will not prejudice the merits of their appeal pending in the Supreme Court.

At the end of the hearing, CJI Chandrachud said that he will pass administrative orders for the constitution of a bench and parties will be at liberty to apply before that bench for expeditious hearing of appeal.

In February 2002, 59 people were killed when the train coach was burnt at Gujarat’s Godhra, triggering riots in the state.

In March 2011, the trial court convicted 31 persons, out of which 11 were sentenced to death and the rest 20 were sentenced to life. A total of 63 accused were acquitted. In October 2017, the Gujarat High Court upheld the conviction of all but commuted the death sentence of the 11 to life imprisonment.

Earlier in April this year, the top court had granted bail to eight convicts and rejected bail for four convicts.

With inputs from IANS