Naroda Gam riots: Special court questions SIT over contradictory evidence
What's the story
A special court in Ahmedabad, which acquitted 67 accused in the 2002 Naroda Gam post-Godhra riots case last month, condemned the investigation undertaken by the Supreme Court-appointed Special Investigation Team (SIT).
In the detailed judgment made public on Tuesday, the court stated the SIT had conducted a "one-sided" investigation as the witness testimonies presented by the prosecution were contradictory and couldn't be trusted.
Context
Why does this story matter?
On April 20, the court of special judge SK Baxi acquitted all the accused in the Naroda Gam riots case, including former Bajrang Dal leader Babu Bajrangi and former Gujarat minister Maya Kodnani.
Eleven Muslims were allegedly burned to death after mobs set their houses on fire during the 2002 riots.
On Tuesday, a detailed judgment was made available by the panel of judges.
Details
SIT failed to verify 'contradictory' statements by witnesses: Special court
While discarding the angle of criminal conspiracy put forth by the prosecution, the court said, "The evidence on record in connection with the incident dated February 28, 2002, does not in any way suggest that any of the accused formed an illegal group with common intention."
It said the SIT failed to verify "contradictory" statements made by witnesses following the incident.
Verdict
Court accepted alibi of 21 accused
Per PTI, the court has accepted the alibi of 21 accused since acquitted, including Kodnani, Vishva Hindu Parishad VHP leader Jaydeep Patel and Bajrangi.
It said the SIT investigation officers should have investigated the alibis produced by them, which they did not.
Further, the court said the prosecution failed to establish the accused's involvement in damaging the property and lives of the minority community.
Quote
Parties failed to prove criminal conspiracy angle
"On perusal of the written pleadings and the judgments, the parties have not proved the facts that the accused have formed a criminal conspiracy to commit any misdeed or caused the death of any person on the basis of a common intention," it said.
Alibi
Amit Shah had backed accused ex-Gujarat minister Kodnani's alibi
Notably, Amit Shah, the then Bharatiya Janata Party (BJP) president and now Union home minister, had backed Kodnani's alibi in court when he was presented as a witness.
The former minister's alibi was that she was present in the Gujarat Assembly and later at Ahmedabad's Sola Civil Hospital and not at Naroda Gam, where the massacre took place.
Details
Court verdict termed 'sting operation' by a journalist as unreliable
According to the court ruling, offenses brought against Bajrangi on the basis of a sting operation conducted by journalist Ashish Khetan are also unreliable, The Indian Express reported.
Khetan reportedly deleted the sting operation tape, leaving out the moment when Bajrangi claimed to be in the hospital.
Also, an "extrajudicial confession" cannot be accepted as evidence without other competent evidence, the court said.
About
Know about Naroda Gam riot case
The Naroda Gam massacre occurred on February 28, 2002, just one day after roughly 58 Kar Sevaks returning from Ayodhya on the Sabarmati Express were burned to death in Godhra after the train was set on fire.
There were 86 defendants in the case; 18 of them died during the trial, while one was freed due to insufficient evidence.