SIT too requests Gujarat High Court to hear Kodnani’s appeal along with other convicts
By TwoCircles.net Staff Reporter,
New Delhi: Victims and survivors of Naroda Patiya riots from 2002 in Gujarat have appealed to the Supreme Court against Gujarat High Court for hearing former minister Maya Kodnani’s appeal against conviction while excluding other co-accused.
Chief Justice H LDattu and Justice Arun Mishra on Tuesday said that matter would be taken up shortly.
Maya Kodnani’ (Courtesy: The Hindu)
The victims of the riots in their joint petition said they have filed appeals against trial court’s decision to acquit some accused and also pleaded for enhancement of sentence of the convicts but these appeals are not being heard along with appeal of Kodnani.
The appeal before Supreme Court also contends that all appeals pending before Gujarat High Court pertains to the same incident – communal riots in Naroda Patiya area of Ahmedabad in 2002 – but Kodnani’s appeal is being heard exclusively.
In another petition by the victims of the Naroda Patiya massacre, it has been contended that Kodnani’s case could not be heard separately as the conspiracy dimensions of conviction involved other accused also.
The Supreme Court appointed Special Investigation Team (SIT) headed by R K Raghavan also informed the court through senior advocate Harish Salve that the HC judge was not deciding the SIT’s application for hearing all the appeals together.
The riot victims through advocate Aparna Bhat told the SC that the victims had sought recusal of the HC judge but he continues to hear Kodnani’s appeal in haste prior to his retirement.
The SIT has also submitted a written application on Saturday before the division bench of the Gujarat High Court, pleading not to decide her petition exclusively when there are other cognate appeals by co-convicts.
The SIT application, signed by IPS officer Himanshu Shukla, addressed to the acting Chief Justice of the High Court prayed to conduct all the cognate appeals arising out of the same crime together.
The application states, “…considering the provisions of the CrPC, more particularly section 393, it is submitted that the finding given by the court on various points in the ongoing appeal will attain finality and therefore for the proper appreciation of the evidence on record qua all the accused person, all the appeals be heard together.”
To this Justice Tripathi orally assured that the bench will decide on SIT application while concluding Kodnani’s petition.
Last month, the lawyer of a victim had submitted an application before acting Chief Justice V M Sahai as well as registrar general, requesting to the change the bench on the ground that in the past justice Tripathi had recused himself from hearing a connected case.
In August 2012, a special court had described Kodnani as “kingpin” in the Naroda Patiya massacre and had convicted and sentenced her, Bajrang Dal leader Babu Bajrangi and 29 others to life imprisonment. Sentenced to 28 years imprisonment, she was granted bail on July 30, 2014 on medical grounds.
The three term legislator was made the Minister of state for Women and Child Development in 2007 in Gujarat but resigned after her arrest in Naroda Patiya case in March 2009.
The Naroda Patiya massacre, in which 97 people were killed, had taken place in 2002 Gujarat riots following the February 27, 2002 burning of a coach of Sabarmati Express at Godhra railway station, in which 59 persons were burnt alive.