 "In Gulberg Society riot, 24 guilty, 36 cleared")
More than 14 years after the Gulberg Society riot that killed 69 people including former Congress MP (member of Parliament) Ehsan Jafri, 24 people were on Thursday declared guilty by a court in Ahmedabad, which cleared 36 others of charges and dropped conspiracy charges against all in one of the worst riots after Godhra violence in Gujarat.
Gulberg Society riot in Ahmedabad on February 28, 2002, when Narendra Modi was Gujarat chief minister, shook the nation when a mob of 400 people allegedly set about attacking the society and killing residents including Jafri.
It was one of the nine cases of the 2002 Gujarat riots probed by the Supreme Court-appointed SIT (special investigation team).
Eleven of the 24 people were declared guilty for murder under Section 302 of the IPC by judge P B Desai, who found others guilty of lesser offences. IPC is Indian Penal Code. Of the 66 accused, six had died during trial.
Sitting BJP (Bharatiya Janata Party) corporator Bipin Patel was among those cleared of charges while VHP (Vishva Hindu Parishad) leader Atul Vaidya was among the 13 people found guilty of lesser offences. Corporator is an elected member of a municipal corporation. K G Erda, then police inspector of the area in which the Gulberg Society was located, and former Congress corporator Meghsinh Chaudhari were among those cleared of charges.
Dropping Section 120(B) of the IPC, the court said there was no evidence of criminal conspiracy in the case. Punishment will be declared on Monday.
The prosecution is likely to seek capital punishment for the 11 found guilty of murder, while the lawyers of victims said they would seek imprisonment till death for them. Capital punishment is the legally authorised killing of someone as punishment for a crime. The prosecution is the party instituting or conducting legal proceedings against someone in a lawsuit.
The Jafri family — widow Zakia and son Tanvir — expressed disappointment over the number of acquittals and said they would consult lawyers whether to appeal against the order.
An acquittal is a judgment that a person is not guilty of the crime with which he has been charged.
R K Raghavan, former CBI (Central Bureau of Investigation) director who had headed the Supreme Court-appointed SIT into the case, said he has "mixed feelings" on the verdict, adding they would consult legal opinion on whether to appeal against the judgment.
When did it take place?
A day after S-6 coach of the Sabarmati Express was burnt near the Godhra train station on February 27, 2002, in which 58 kar sevaks going to Ayodhya were killed
24
Declared guilty more than 14 years after the Gulberg Society riot that killed 69 people
36
Others cleared of charges
Conspiracy charges
Dropped against all the accused in one of the worst riots after Godhra violence in Gujarat
"We will seek capital punishment for 11 accused because the offence is barbaric and urge the court to consider it as the rarest of the rare cases. Ten-12-year jail will be sought for 13 others found guilty of lesser offences," public prosecutor R C Kodekar said after the verdict.
"The SIT had placed charges of Section 120(B) of the IPC that of pre-planned conspiracy but there was no cogent material evidence against the accused regarding conspiracy and so we could not go further on this. We go by the evidence and material, and not feelings," SIT lawyer R C Kodekar said on dropping of the conspiracy charges.
Regarding the acquittal of 36 people, he said they would take a call after they get a full copy of the judgment.
The lawyer of Gulberg victims, S M Vora, said he would not seek death sentence for all those declared guilty by the court on Thursday.
"Of the 24 declared guilty on Thursday, 11 have been charged under Section 302 of IPC (murder). The court may give either capital punishment or life sentence to them," said Vora.
"Though court can give capital punishment to the convicts, we are not in favour of it. On June 6, we will tell the court that we want life imprisonment till death for these 11 convicts, as we are not in favour of death sentence," Vora told reporters outside the court.
Zakia Jafri, who has been waging a battle for 14 years to secure justice for her late husband, expressed dissatisfaction with the verdict and said she will continue her fight.
"No I am not satisfied with the verdict. I did not like it. All should have been given punishment for what they did and what they did not. I know it all and as I have seen the massacre. I expected all to be convicted...how they killed people, how they made them homeless, I saw it myself," Zakia said.
"As a woman I don't have the courage to demand capital punishment but they should get stringent punishment. They should be given life imprisonment so they could know the pain of staying away from their family and children," she said.
"My fight should have stopped but looking at today's judgement the fight will continue," she said.
Social activist Teesta Setalvad, who has been fighting for the victims of Gulberg Society, said they will study the judgement in depth and appeal in the higher court.
"We will study the judgement, we definitely believe that this is the case of criminal conspiracy and we will exercise our right of appeal in it," Setalvad said.
Jafri's son Tanvir raised questions on acquittal of 36 people.
"It was a big society with 15-20 bungalows and 10 apartments with 400-500 occupants. So how can 24 people loot and burn the entire society for 24 hours and kill so many people in such a brutal manner. So that way it looks very odd," Jafri said.
"We are satisfied with conviction of 24 people but for 36 acquitted, we will go in for an appeal after discussing with our lawyers," Jafri said.
R K Raghavan said he has "mixed feelings" on the Gulberg Society case verdict.
"I have a mixed feeling as some were convicted while others acquitted. I shall be able to comment more only after looking at the order," Raghavan, a former CBI director, said.
Gulberg Society riot in Ahmedabad on February 28, 2002, when Narendra Modi was Gujarat chief minister, shook the nation when a mob of 400 people allegedly set about attacking the society and killing residents including Jafri.
It was one of the nine cases of the 2002 Gujarat riots probed by the Supreme Court-appointed SIT (special investigation team).
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The incident had taken place a day after S-6 coach of the Sabarmati Express was burnt near the Godhra train station on February 27, 2002, in which 58 kar sevaks going to Ayodhya were killed.
Eleven of the 24 people were declared guilty for murder under Section 302 of the IPC by judge P B Desai, who found others guilty of lesser offences. IPC is Indian Penal Code. Of the 66 accused, six had died during trial.
Sitting BJP (Bharatiya Janata Party) corporator Bipin Patel was among those cleared of charges while VHP (Vishva Hindu Parishad) leader Atul Vaidya was among the 13 people found guilty of lesser offences. Corporator is an elected member of a municipal corporation. K G Erda, then police inspector of the area in which the Gulberg Society was located, and former Congress corporator Meghsinh Chaudhari were among those cleared of charges.
Dropping Section 120(B) of the IPC, the court said there was no evidence of criminal conspiracy in the case. Punishment will be declared on Monday.
The prosecution is likely to seek capital punishment for the 11 found guilty of murder, while the lawyers of victims said they would seek imprisonment till death for them. Capital punishment is the legally authorised killing of someone as punishment for a crime. The prosecution is the party instituting or conducting legal proceedings against someone in a lawsuit.
The Jafri family — widow Zakia and son Tanvir — expressed disappointment over the number of acquittals and said they would consult lawyers whether to appeal against the order.
An acquittal is a judgment that a person is not guilty of the crime with which he has been charged.
R K Raghavan, former CBI (Central Bureau of Investigation) director who had headed the Supreme Court-appointed SIT into the case, said he has "mixed feelings" on the verdict, adding they would consult legal opinion on whether to appeal against the judgment.
| What is Gulberg Society case? Gulberg Society riot in Ahmedabad on February 28, 2002, when Narendra Modi was CM, shook the nation when a mob of 400 people allegedly set about attacking the society and killing residents including former Congress MP Ehsan Jafri |
When did it take place?
A day after S-6 coach of the Sabarmati Express was burnt near the Godhra train station on February 27, 2002, in which 58 kar sevaks going to Ayodhya were killed
24
Declared guilty more than 14 years after the Gulberg Society riot that killed 69 people
36
Others cleared of charges
Conspiracy charges
Dropped against all the accused in one of the worst riots after Godhra violence in Gujarat
"We will seek capital punishment for 11 accused because the offence is barbaric and urge the court to consider it as the rarest of the rare cases. Ten-12-year jail will be sought for 13 others found guilty of lesser offences," public prosecutor R C Kodekar said after the verdict.
"The SIT had placed charges of Section 120(B) of the IPC that of pre-planned conspiracy but there was no cogent material evidence against the accused regarding conspiracy and so we could not go further on this. We go by the evidence and material, and not feelings," SIT lawyer R C Kodekar said on dropping of the conspiracy charges.
Regarding the acquittal of 36 people, he said they would take a call after they get a full copy of the judgment.
The lawyer of Gulberg victims, S M Vora, said he would not seek death sentence for all those declared guilty by the court on Thursday.
"Of the 24 declared guilty on Thursday, 11 have been charged under Section 302 of IPC (murder). The court may give either capital punishment or life sentence to them," said Vora.
"Though court can give capital punishment to the convicts, we are not in favour of it. On June 6, we will tell the court that we want life imprisonment till death for these 11 convicts, as we are not in favour of death sentence," Vora told reporters outside the court.
Zakia Jafri, who has been waging a battle for 14 years to secure justice for her late husband, expressed dissatisfaction with the verdict and said she will continue her fight.
"No I am not satisfied with the verdict. I did not like it. All should have been given punishment for what they did and what they did not. I know it all and as I have seen the massacre. I expected all to be convicted...how they killed people, how they made them homeless, I saw it myself," Zakia said.
"As a woman I don't have the courage to demand capital punishment but they should get stringent punishment. They should be given life imprisonment so they could know the pain of staying away from their family and children," she said.
"My fight should have stopped but looking at today's judgement the fight will continue," she said.
Social activist Teesta Setalvad, who has been fighting for the victims of Gulberg Society, said they will study the judgement in depth and appeal in the higher court.
"We will study the judgement, we definitely believe that this is the case of criminal conspiracy and we will exercise our right of appeal in it," Setalvad said.
Jafri's son Tanvir raised questions on acquittal of 36 people.
"It was a big society with 15-20 bungalows and 10 apartments with 400-500 occupants. So how can 24 people loot and burn the entire society for 24 hours and kill so many people in such a brutal manner. So that way it looks very odd," Jafri said.
"We are satisfied with conviction of 24 people but for 36 acquitted, we will go in for an appeal after discussing with our lawyers," Jafri said.
R K Raghavan said he has "mixed feelings" on the Gulberg Society case verdict.
"I have a mixed feeling as some were convicted while others acquitted. I shall be able to comment more only after looking at the order," Raghavan, a former CBI director, said.