Godhra train burning case: SC denies bail to three; orders listing of appeal before bench

The Supreme Court refused to consider the bail plea filed by three life term convicts in the 2002 Godhra train burning case in view of specific roles assigned to them, while ordering the matter to be listed before an appropriate bench.

A three-judge bench led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra said they were not inclined to consider bail at this stage and pointed out that this was not an isolated death of one person. “This is a very serious incident,” said Chandrachud.

“I'll list the appeal before an appropriate bench. This matter has to be heard as it can't be kept indefinitely. The bench can issue all procedural directions,” added Chandrachud.

The SC was hearing the bail plea of men convicted in the 2002 Godhra train burning case, where 59 people were burnt to death when the S6 coach of the Sabarmati Express was set on fire by a mob.

Senior advocate Sanjay Hegde, representing the petitioners, said that two of the incarcerated men were accused of stone pelting and the third was accused of stealing ornaments, but the ornaments weren't recovered. Hegde said the convicts have remained in custody over 17 years in jail.

“Having regards to the specific role attributed to them, at this stage we are not willing to enlarge these individuals on bail. However, this will not affect their right of appeal,” underscored Chandrachud.

Solicitor General Tushar Mehta, who appeared for the Gujarat government, said the accused had injured the passengers and looted their ornaments. This had prevented them from fleeing the burning train.

The bench noted that the Gujarat government’s plea for enhancing their punishment was pending.

The trial court in Gujarat had sentenced 31 convicts, of which 11 were sentenced to death and 20 to life imprisonment. In 2017, the Gujarat High Court commuted the death sentence to life imprisonment. In April 2023, eight of the men were granted bail by the Supreme Court by a bench of Chandrachud and Justice PS Narasimha. Four were denied bail — Anwar Mehda, Saukat Abdulla Badam, Mehboob Yakub Mitha and Siddik Mohammad Mora.

In April, the Gujarat government had opposed their bail pleas, calling it a rarest of rare case.