Friday, August 31, 2012

Naroda Case: Kodnani, Bajrangi Get Life Term

Rejecting the defence theory that the communal violence was a reaction to the Godhra carnage, the court said, "This was a pre-planned conspiracy and it cannot be mitigated just by saying it was a reaction of Godhra train burning incident. Nobody can be allowed to take law into their hands because India is a country that upholds rule of law."
"Communal riots are like cancer on Constitutional secularism and the incident in Naroda Patiya was a black chapter in the history of the Indian Constitution," the Judge observed.

"Acts of communal violence are brutal, inhuman and shameful. It (Naroda) was a clear incident of human rights violation as 97 people were killed brutally within a day which included helpless women, children, aged persons. The climax of this inhuman and brutal act of violence was reflected in murder of an infant, who was 20-day old," the Court noted. 



Naroda Case: Kodnani, Bajrangi Get Life Term

PTI | Ahmedabad | Aug 31, 2012

A Special Court today awarded life imprisonment to BJP MLA Maya Kodnani, Bajrang Dal leader Babu Bajrangi and 29 other convicts for the 2002 riots here at Naroda Patiya where 97 people were brutally killed.

The Court named Kodnani, a sitting MLA and former Gujarat Minister, as "a kingpin of riots" in Naroda area and sentenced her to 18-year life imprisonment after serving 10 years jail term under IPC Section 326 (voluntary causing grievous hurt by dangerous weapons or means).

Bajrangi, another high profile accused, will have to spend his entire remaining life behind bars, it said and described communal violence as "cancer".

Seven other convicts were given jail term of 21 years by Additional Principal Judge Jyotsna Yagnik. They will also have to first serve 10-year imprisonment under Section 326.

The remaining 22 convicts were given simple life imprisonment (14 years).

The Court had on Wednesday convicted 32 and acquitted 29 persons in the worst riots case in the aftermath of the Godhra train carnage. It did not pronounce sentence against one accused who is absconding.

"Communal riots are like cancer on Constitutional secularism and the incident in Naroda Patiya was a black chapter in the history of the Indian Constitution," the Judge observed.

"Acts of communal violence are brutal, inhuman and shameful. It (Naroda) was a clear incident of human rights violation as 97 people were killed brutally within a day which included helpless women, children, aged persons. The climax of this inhuman and brutal act of violence was reflected in murder of an infant, who was 20-day old," the Court noted.

The Judge accepted that one victim, who was also a witness, was gang raped, but due to lack of evidence, the court has not charged anybody for that offence.

However, the court directed the Gujarat Government to pay Rs 5 lakh as compensation to the victim.

Rejecting the defence theory that the communal violence was a reaction to the Godhra carnage, the court said, "This was a pre-planned conspiracy and it cannot be mitigated just by saying it was a reaction of Godhra train burning incident. Nobody can be allowed to take law into their hands because India is a country that upholds rule of law."

The Court's inclination was against awarding death penalty in the case.

"Death penalty brings justice and it is desirable to reduce the crime in the society but this court cannot overlook the global trend prevalent in recent years. By 2009, 139 countries had repealed death sentence and there is a global campaign against death penally and progressive societies are advocating for restricting death penalty and this court believes use of death undermines human dignity."

Regarding Kodnani, the court observed that she was the "kingpin of entire riots" that took place in Naroda Patiya area. She led the mob and incited them for violence. She abetted and supported the violent mob, it said.

Kodanai, who was MLA of Naroda at the time of riots, was made Minister of State for Women and Child Development in 2007 in the Narendra Modi Government. She had to resign after she was arrested in the case in March 2009.

The three-time legislator, who was considered close to Chief Minister Narendra Modi, is the first woman to be convicted in a post-Godhra riots case. Kodnani, who was present in the court, broke down after she was sentenced.

The massacre had taken place a day after the Godhra train burning incident of February 27, 2002.

On February 28, 2002, the Vishwa Hindu Parishad (VHP) had called a state-wide bandh to protest against the Godhra train carnage. On that a large crowd gathered in Naroda Patiya area in Ahmedabad and attacked people belonging to minority community, resulting in the death of 97 people and injury to 33 others.

Thursday, August 30, 2012

Historic Verdict August 29, 2012 Press Release



https://lh5.googleusercontent.com/5WoRSw4JmKk0BY-puCb4CGZh_Tf_5b8IBpBfXYSeNErG1CiH4dGbkIYGE-Kxl0uPtcUSDjdbCl4rEC27cPY9AZdggWisOEDQkh622DMt_gNi4fmQ97Y



With tears of happiness choking them Women Victim Eye witnesses
(Jannatchachi, Shakilabano, Faraznabano, Ishrat Jahan, Zuleikha appa
and Fatima appa offer Shukrana namaz in Ahmedabad. They wil address
a press conference with team of lawyers of Citizens for Justice and Peace
and its Secretary Teesta Setalvad at Prashant at 3 pm today

August 29, 2012

Press Release

Hailing the historic verdict in the Naroda Patiya mass murder case delivered by Judge Jyotsnanbehn Yagnik. Special Sessions Judge in Ahmedabad today by which one senior politician and several conspirators and ring leaders have been convicted, Victim Survivors and CJP welcomed the verdict. In all 32 persons have been convicted including former BJP MLA and minister in the Narendra Modi cabinet, Smt Maya Kodnani, Babu Bajrangi, Bipin Panchal, Ashok Sindhi and Kishan Korani (sitting corporator, accused No 20) have  been convicted. Twenty-nine of the accused were acquitted.
Most of the accused have been charged with Sections 143, 144, 147, 148 with 149, 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323-326,302, 307 (attempt to murder) read with 149 read with 120(b) and BP Act 135(1). Accused No 22 Suresh Langda Chara has also been convicted under Sections 354 and 376 (sections that deal with rape and gender violence). Quantum of sentence will be pronounced on August 31. Smt Kodnani had been convicted under Sections 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323, 324, 325, 326, 302, 307, 120-B of the IPC. Babu Bajrangi has been convicted under sections 143, 144, 147, 148 with 149, 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323,324,325,326, 302, 307 read with 149 read with 120-B.
The raw courage of the victim witnesses, especially women witnesses who deposed fearlessly while still residing in Naroda Patiya is a reflection of the confidence generated after the Supreme Court monitoring and the protection from Central Paramilitary forces provided by the Supreme Court. CJP had applied to the apex court for protection of eye witnesses. CJP through its legal team advocates Altaf Jidran and Raju Shaikh supervised by senior Adv Yusuf Shaikh provided legal aid to about 70 eyewitnesses since 2009. CJP would like to publicly acknowledge their contribution, as also that of senior advocates MM Tirmizi (Gujarat High Court), Mihir Desai (Mumbai) and advocates Kamini Jaiswal (Supreme Court), Sanjay Parikh (Supreme Court), Aparna Bhat (Supreme Court) and Ramesh Pukhrambam (Supreme Court).

Eleven eyewitnesses have deposed in eye witnesses testimonies assigning in detail the role played by Smt Maya Kodnani, in inciting the mob to murder, fifteen witnesses deposed through eye witness testimonies against Babu Bajrangi, 48 witnesses testified to the crimes committed by Suresh @ Langda Chara including the offences of gender violence and rape. (Annexed are the list of witnesses with a brief of their testimonies available on www.cjponline.org). The CJP would like to state that it was the evidence through eye witness testimonies that enabled convictions. Corroborative evidence was provided through the phone call records provided by police officer Rahul Sharma and Tehelka’s Operation Kalank. Without eye witness testimonies whoever convictions could not have taken place.

Victim witnesses supported by CJP had also filed separate applications under Section 319 praying for police officer and then first PI KK Mysorewala to be arraigned as accused along with former Commissioner of Police PC Pandey and SRP official Dhantaniya. While the Judge rejected these applications, she has observed in the victim application for compensation for rape and gender violence that the application would be considered in the final judgement.


Names of accused who have been convicted. Naresh Agarsinh Chara (accused 1); Murlibhai Naranbhai Sindhi (accused 2); Ganpat Chanaji Deedawala (accused 4); Vikrambhai Maneklal Rathod (accused 5); Haresh @ Hariyo S/o Jivanlal @ Agarsinh Rathod (accused 10); Babubhai @ Babu Bajrangi Rajabhai Patel (accused 18), Kishan Khubchand Korani (accused 20); Prakashbhai Sureshbhai Rathod (Chara) (accused  21); Suresh @ Richard @ Langdi Kantibhai Dedawala (Chara) (accused 22); Premchand @ Tiwari Conductor (accused 25); Suresh @ Sehjad Dalubhai (Marathi, Charo) (absconding) (accused 26); Nawab @ Kalu Bhaiyo Harisinh Rathod (accused 27); Manubhai Keshavbhai Maruda (Bhangi) (accused 28); Shashikant @ Tiniyo Marathi Yuvraj Patil (accused 30); Babubhai Jethabhai Salat (accused 33); Lakshmanbhai @ Lakho Budhaji Thakor (accused 34); Dr. Mayaben Surendrabhai Kodnani  (accused 37);  Ashok Hundaldas Sindhi (accused 38); Harshad @ Mungda Govind Chara (Parmar) (accused 39); Mukesh @ Vakil Ratilal Rathod (accused 40); Manojbhai @ Manoj Sinhi Renumal Kukrani (accused 41); Hiraji @ Hero Marwadi @ Sonaji Danaji Medhwan (Marwadi) (accused 42); Bipinbhai @ Bipin autowala Umedray Panchal (accused 44); Ashokbhai Uttamchand Korani (Sindhi) (accused 45); Vijaykumar Takhubhai Parmar (accused 46); Ramesh Keshavlal Dedawala (Chara) (accused 47); Sachin Nagindas Modi (accused 52); Vilas @ Viliyo Prakashbhai Sonar (accused 53); Dinesh @ Tiniyo Govindbhai Barange (Marathi) (accused 55); Santoshkumar Kodumal Mulchandani  (accused 58); Pintu Dalpatbhai Jadeja (Chara) (accused 60); Kirpalsinh Jagbahadursinh Chabda (accused 62).
 Eight charge sheets were filed in this historic case that lasted several months. It was one of the nine cases being supervised by the Supreme Court and was investigated by the SIT.