In a great relief to former Gujarat Minister Dr Maya Kodnani, the Gujarat High Court on Friday acquitted her in the 2002 Naroda Patiya riot case by overruling judgment of a Special Court in Ahmedabad which convicted Kodnani in August 2012.
One of the key accused in the 2002 Naroda Patiya riot case, Kodnani was sentenced to 28 years in jail by the Special Court. She was out of jail on medical ground. The High Court, however, didn’t give much relief to another key accused in the case — Babu Bajrangi who had been sentenced for life imprisonment by the lower court. The Gujarat High Court reduced his punishment to 21 years.
Government Counsel Prashant Desai said the court considered Bajrangi’s crime similar to others convicted in the case and hence his sentence is fixed for 21 year on parity.
The 3000-page judgment was pronounced by a Division Bench of Justice Harsha Devani and Justice AS Supehia on appeals filed by former BJP Minister Maya Kodnani and others against their conviction in the 2002 Naroda Patiya riot case.
The special court had in 2012 convicted 32 people, including Kodnani and Babu Bajrangi. Seven other accused were given enhanced life imprisonment of 21 years, which they were to serve after undergoing 10 years’ imprisonment under IPC section 326 that relates to causing grievous hurt. Remaining 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 Gujarat High Court on Friday acquitted 18, finding only 12 guilty.
Aftermath of the Godhra train carnage in which 59 Kar Sevaks were killed, the Naroda Patiya incident occurred in February 2002 where 97 people were killed. According to Desai, the court found contradictions in the statements of 11 witnesses who had said Kodnani was present at Naroda-Patiya area during riots and gave a speech before leaving the area.
However, none of police witness mentioned her presence and the court gave prominence to police witnesses, he said, adding that moreover Kodnani’s name appeared first time in 2008, six years post the incident and only after the SC appoint Special Investigation Team in the case.
In the same case, BJP president Amit Shah had to appear before the court. Shah stated that Kodnani was with him in the Assembly at 8.30 am and later he had met her at the Civil Hospital at Sola where he was there from 9.30 am to 9.45 am.
The bodies of the Godhra train victims were brought to Sola hospital and Kodnani was consoling families of those killed in the Godhra attack when he reached there.
Talking to media persons the lawyer of victims Samshad Pathan said his clients were not completely satisfied with the judgment, especially acquittal of Kodnani and they would approach the Supreme Court against the acquittal and reduction in sentence of those who found guilty.
Gujarat BJP president Jitu Vaghani welcomed the verdict given by Gujarat High Court in favour of former Minister Maya Kodnani. Vaghani said finally truth came out. Taking a dig on Congress party, he said instead of respecting judiciary, the Opposition party has now started questioning its functioning which only showed Congress’s mentality. When the court gives verdicts as per Congress’s expectation, leaders of Opposition party would praise judiciary, but they didn’t digest anything unsuitable to them, he said adding that Rahul Gandhi and other senior Congress leaders should apologise for disrespecting judiciary system.
Gujarat’s deputy CM Nitin Patel said Kodnani was wrongly implicated as part of political conspiracy. Patel indicated that with her acquittal party would like to give her some active role if she would be willing to do so.