India News

Supreme Court grants bail to four 2002 Gujarat riot convicts, says conviction debatable

Published

8 years ago

January 23, 2019

[vc_row][vc_column][vc_column_text]The Supreme Court on Tuesday, Jan 22, ordered the release on bail of four convicts in 2002 Gujarat riots case of Naroda Patiya, which saw one of the worst massacres, calling their conviction “debatable”.

The convicts, Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod, had been found guilty and sentenced to a 10-year jail term for arson and rioting by the Gujarat High Court on June 25 last year.

The top court also said it is seized of appeals by others convicted in the case, including Babu Bajrangi.

At least 97 Muslims were killed in Naroda Patiya near Ahmedabad on February 28, 2002, which saw one of the worst instances of mob violence when nearly 100 Muslims were slaughtered by a mob of thousands during the communal riots that followed the Godhra train burning in which 59 Hindu train passengers were killed.

In June last year, the Gujarat High Court had sentenced the convicts to 10 years rigorous imprisonment, observing that their punishment must be consistent with the brutality of the crime.

The high court had convicted 16 people, including Babu Bajrangi, and acquitted 18 others, among them former BJP minister Maya Kodnani for want of evidence.

“The court cannot set aside the agony and anguish of the victims… Offences are not against individuals but society at large and has consequences of polarising society,” Gujarat high court had said while convicting them.

“Imposing too lenient a sentence would amount to travesty of justice… Imposition of 10 years of rigorous imprisonment would be adequate punishment,” the court held.

The court further observed that any liberal attitude with respect to such offences would be “counter-productive” and “against the interest of society”.

On Tuesday, a Supreme Court bench headed by Justice AM Khanwilkar granted bail to four convicts on the chief grounds that the High Court verdict of conviction was “debatable” and that they should be released on bail since their appeal would take much time for disposal.

In three bail orders, the Supreme Court has expressed serious doubts over the conviction.

All these accused were held guilty under Section 436 (mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code, along with other provisions relating to unlawful assembly.

The bench released Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput and Harshad alias Mungda Jila Govind Chhara Parmar on bail after imposing ordinary conditions to be laid out by the trial court.

The Supreme Court, while deciding the bail plea, noted that the Gujarat HC had primarily relied upon identification of these convicts by police officials but in some cases, no identification parade was conducted and the appeals raised doubt over their identification in a group of around 15,000 persons.

“Prima facie, we find that the approach of the High court is debatable,” said the bench, while granting bail to Bharwad. It also noted that Bharwad was undergoing treatment for HIV and that he had been on bail during the trial of the case.

Taking up the bail plea by Rajkumar, the apex court noted that the HC convicted him while observing that even in absence of any specific role attributed to the applicant his presence being established, the charge of being a member of the unlawful assembly must hold good.

“Prima facie, we find this approach to be doubtful, especially when the witnesses relied upon by the prosecution are police officials and no identification parade of this applicant was conducted during the investigation by the Police,” noted the bench, granting bail to Rajkumar.

The court further noted that Harshad alias Mungda Jila was sentenced to 10 years in jail. “He has already undergone more than five years of actual imprisonment coupled with the fact that the hearing of the appeal is not likely to take place in the immediate near future. Accordingly, applicant is ordered to be released on bail to the satisfaction of the trial court,” directed the bench.

It also released another convict, Prakashbhai Sureshbhai Rathod, on interim bail between January 28 and February 15 to attend his daughter’s wedding.[/vc_column_text][/vc_column][/vc_row]

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India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

Published

2 hours ago

September 26, 2026

APNLive Desk

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise.

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process.

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt.

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously.

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting.

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

Concerns surrounding the Election Commission
The Special Intensive Revision of electoral rolls
Opposition demands concerning CEC Gyanesh Kumar
A possible fresh removal notice against the CEC
A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

India News

“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

Published

3 hours ago

September 26, 2026

APNLive Desk

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

India News

Gyanesh Kumar meets election commissioners amid poll panel row

Chief Election Commissioner Gyanesh Kumar met Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid a controversy over reported objections to Election Commission decisions.

Published

3 hours ago

September 26, 2026

APNLive Desk

Chief Election Commissioner Gyanesh Kumar held a meeting with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid an ongoing controversy over the functioning and decision-making process of the Election Commission of India.

The meeting comes days after a report raised questions over formal objections allegedly recorded by the two Election Commissioners regarding several decisions and orders of the poll panel.

The Election Commission has maintained that differing views, observations and suggestions are part of its normal deliberative process. It has also said that all decisions taken by the full Commission over the past year were unanimous.

What is the Election Commission controversy?

The controversy followed a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over a 10-month period.

The reported objections included issues concerning changes to Form 6, the handling of additions and deletions from electoral rolls and the centralisation of electoral-roll data.

Form 6 is the statutory form used for applying for registration as a voter.

The Election Commission, however, has disputed the suggestion that the objections amounted to dissent over final decisions. The poll body said written notes, observations, technical suggestions and internal checks and balances are standard parts of its functioning.

ECI says decisions were unanimous

The poll panel has said that all decisions taken by it during the past year were the outcome of unanimous decisions of the full Commission.

It also said that operational queries or inputs raised during the drafting stage are part of the normal administrative process and are intended to improve electoral procedures and safeguard voter rights.

The issue has gained significance because the Election Commission is conducting electoral-roll revisions, including the Special Intensive Revision (SIR), in several parts of the country.

Opposition parties have questioned the functioning of the poll panel and have cited the reported objections by the two Election Commissioners in their criticism of Chief Election Commissioner Gyanesh Kumar.

Political parties seek clarification

The controversy has also prompted calls for greater clarity from political parties, including some parties that are allies of the BJP-led NDA.

LJP (Ram Vilas) chief Chirag Paswan, TDP Lok Sabha floor leader Lavu Srikrishna Devarayalu and Rashtriya Lok Morcha chief Upendra Kushwaha have sought clarification from the Election Commission regarding concerns surrounding the voter-list revision and the reported objections.

The Election Commission has continued to maintain that its decisions have followed the applicable laws, rules and established procedures.