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

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[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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Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

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Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).

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Rahul Gandhi targets Modi government over alleged ‘petrol chori’

Rahul Gandhi has accused the Modi government of ‘petrol chori’, citing Karnataka government tests that allegedly found excess ethanol in several petrol samples.

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Congress leader Rahul Gandhi has stepped up his criticism of the Centre over the E20 petrol issue, alleging that consumers could be paying for petrol while receiving fuel containing more ethanol than the prescribed 20 per cent level.

In a post on X on Saturday, Mr Gandhi referred to the issue as “petrol chori” and cited test results from petrol samples collected by the Karnataka government.

He said the government maintains that petrol contains 20 per cent ethanol, but alleged that testing of samples from seven Karnataka districts showed higher levels in several cases. 

Rahul Gandhi cites Karnataka petrol test results

According to the figures cited by Mr Gandhi, 11 of 14 samples tested contained more than 20 per cent ethanol. He highlighted results of 31.2 per cent for an IOCL sample and 30.5 per cent for an HPCL sample.

He also named IOCL, HPCL, BPCL, Nayara and Shell while alleging that samples from both government-owned and private companies exceeded the 20 per cent level. These are allegations based on the tests cited by Gandhi and the Karnataka government, rather than an independently established finding covering all petrol sold by these companies. 

The samples were reportedly collected from areas including Bengaluru, Kolar, Chikkaballapura, Bengaluru Rural, Ramanagara, Mangaluru and Tumakuru and tested at the Shriram Research Institute in Bengaluru. 

What Rahul Gandhi said about ‘petrol chori’

Mr Gandhi used the phrase “E20 turned into 420” in his post, linking the reference to Section 420 of the erstwhile Indian Penal Code, which dealt with cheating.

He questioned the Centre over the actual ethanol content of petrol and asked when action would be taken against companies that, according to the allegations, supplied fuel containing more than 20 per cent ethanol.

He also argued that excessive ethanol blending could affect vehicle performance, including mileage and maintenance costs, and questioned why fuel stations do not disclose the actual ethanol content of the petrol being sold. 

Oil companies dispute Karnataka findings

The three state-run oil marketing companies — Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation — have disputed the Karnataka government’s findings.

The companies said the reported results were not supported by testing carried out according to the prescribed statutory and technical procedures. They maintained that E20 petrol supplied through their retail networks conforms to the Bureau of Indian Standards’ IS 17021 specifications, which prescribe an ethanol range of 19-21 per cent.

The companies have also questioned aspects of the sampling and testing process and sought access to the relevant samples and documentation for independent testing.

Rahul Gandhi reiterates debate challenge

Mr Gandhi also reiterated his challenge to Prime Minister Narendra Modi for an open debate, saying the ethanol-blending issue could be included along with the other issues he has been raising.

His latest remarks come amid a political exchange over the Karnataka government’s allegations concerning ethanol levels in petrol and the oil companies’ rejection of those findings.

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Sharad Pawar discharged from hospital, NCP merger speculation intensifies

Sharad Pawar was discharged from Breach Candy Hospital in Mumbai on Saturday after receiving treatment for a chest and respiratory infection. His discharge comes amid renewed political discussions surrounding a possible merger of the NCP factions.

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Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was discharged from Mumbai’s Breach Candy Hospital on Saturday after undergoing treatment for a chest and respiratory infection. The 85-year-old leader returned to his residence following a three-day stay at the hospital.

Pawar had been admitted to Breach Candy Hospital earlier this week after being discharged from Pune’s Ruby Hall Clinic. He was initially admitted to the Pune facility on November 2 and discharged on November 4, following which he was shifted to Mumbai for further medical evaluation and treatment.

His hospitalisation had drawn visits from several political leaders and prominent personalities, including Congress leaders Sushilkumar Shinde and Balasaheb Thorat, NCP leader Dilip Walse-Patil, industrialist Gautam Adani and NCP leader Praful Patel.

Sharad Pawar’s hospitalisation and discharge

Pawar was receiving treatment for a chest and respiratory infection during his stay at Breach Candy Hospital. His discharge on Saturday followed the improvement in his health.

The veteran politician had initially complained of persistent cough and chest discomfort before being admitted to Ruby Hall Clinic in Pune. He was subsequently shifted to Mumbai for additional medical evaluation.

Prime Minister Narendra Modi had also spoken to Pawar over the phone to enquire about his health and advised him to take adequate rest.

NCP merger speculation gains momentum

Pawar’s discharge comes at a time when political discussions surrounding a possible merger between the Ajit Pawar-led Nationalist Congress Party and the Sharad Pawar-led NCP (SP) have gained attention.

The political buzz intensified following a meeting between senior NCP leaders and Union Home Minister Amit Shah in Delhi. The absence of NCP chief Sunetra Pawar and her son Parth Pawar from the meeting also drew attention amid reports of internal differences within the party.

NCP leader Praful Patel had also visited Sharad Pawar at Breach Candy Hospital. However, Patel had rejected speculation that their meeting involved political discussions, saying that he regularly met Pawar and Supriya Sule because of their family ties.

The possibility of bringing the two NCP factions together has therefore remained a subject of political discussion, although no confirmed merger announcement has been made.

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