Gujarat HC acquits former BJP Minister Maya Kodnani on Naroda Patiya Riot Case citing no criminal conspiracy

NewsBharati    20-Apr-2018
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Gujarat, April 20: Announcing verdict on the Naroda Patiya case of 2002, the Gujarat High Court has acquitted former BJP Minister Maya Kodnani. The court has however upheld the life sentence awarded to Bajrang Dal leader Babu Bajrangi who has been observed over the charges of conspiracy.

In August 2012, a special court for SIT cases had sentenced 32 people, including Kodnani, to life imprisonment. Kodnani was sentenced to 28 years of imprisonment. Another high-profile accused, former Bajrang Dal leader Babubhai Patel aka Babu Bajrangi, was given life imprisonment till death with a condition of reduction.

The division bench of Justices Harsha Devani and AS Supehiya had reserved the order last August after the hearing concluded in 11 appeal petitions including four by Supreme Court appointed-Special Investigation Team (SIT).

A trial court had held that she organized the mass killings. But the High Court noted that out of the 11 witnesses, none had named her when the riots case was being registered. Witnesses said they had seen Maya Kodnani coming out of her car to talk to the police. The court said "no criminal conspiracy could be established".

While the convicts challenged the lower court's order in the high court, the Special Investigation Team (SIT) appealed against the acquittal of 29 people.

Seven accused were given enhanced life imprisonment of 21 years, which they will serve after undergoing 10 years' imprisonment under IPC section 326 (causing grievous hurt).

In a testimony by BJP President Amit Shah, in September last year, testified before the court that he saw Maya Kodnani in the Gujarat Assembly on 28 February, 2002, first at 8.30 am and then again at 11 am. The Gujarat Assembly is located in Gandhinagar, and Shah's testimony was to be the alibi Kodnani needed that she couldn't have been at Naroda Patiya on the day of the riots.

Court’s Verdict:

Interestingly enough, however, the trial court had earlier exposed the same excuse. The court observed and stated, "This court is of the opinion that Gandhinagar and Ahmedabad are twin cities, hardly at a distance of 30km from each other. Therefore, if the accused was relieved at 8.40 am, it is not difficult for her to reach at Naroda Patiya site after 9 am."

"In the record of this case, the witnesses have stated that all the disturbances were started and in fact reached its peak after the arrival of Kodnani. It stands proved beyond all reasonable doubt that she was present and has participated in the crime on that day," the court had further held

Background on Naroda Patiya Riot Case

Termed as one of the worst incidents which was followed by the Godhra train in February 2002, the Naroda Patiya Riot case triggered the entire nation. As many as 97 Muslims were killed in the massacre that took place on 28 February 2002, in what was one of the worst incidents of the 2002 Gujarat riots. The riot was triggered by Banjrangi dal wherein the riot was lasted for almost 10 hours. After the incident a curfew was imposed in the state.

The massacre at Naroda occurred during the strike called by Vishwa Hindu Parishad a day after the Godhra train burning.