The Gujarat government has refused permission to the Supreme Court-appointed SIT to file an appeal in a higher court seeking death penalty for former minister Maya Kodnani in the Naroda Patiya riot case.
This was decided on the basis of Advocate General Kamal Trivedi's opinion that there was "no direct evidence" against her.
Maya Kodnani and Bajrang Dal activist Babu Bajrangi, along with 30 others, were convicted for life in the 2002 post-Godhra Naroda Patiya riot case, in which 96 people were killed.
"State legal department, on the basis of Advocate General's opinion, has taken a decision not to file an appeal against the special court's order and not to seek death penalty for Maya Kodnani," Prashant Desai, who has been appointed special prosecutor for SIT (special investigation team) in Gujarat High Court for the case, told PTI today.
"Advocate General has opined that there is no direct evidence against Maya Kodnani and she was convicted only on the basis of other evidence and hence state government should think not to seek death penalty in her case," said Desai.
"However, Gujarat government has given a go ahead to SIT to seek death penalty for Babu Bajrangi and four others accused who were sentenced for life by the designated court," he said.
Earlier, the state government had given the permission to SIT to seek death penalty for Kodnani, Bajrangi and eight others in connection with the case.
But in May this year, apparently under pressure of right wing forces, the state government made a U-turn and withdrew its permission to seek death penalty and now, except for Kodnani, it has given its consent to SIT.
Joint Secretary, legal department, J J Pandya had sent a communication on August 30 to SIT member Ashish Bhatia with regard to the decision taken on Naroda Patiya case appeals and that was forwarded to Desai on September 7, 2013.
