SC's refusal to stay the transfer of case to Godhra sessions court means they will be able to file for bail

The people accused in the 2002 Godhra carnage case see hope of securing their release on bail in view of the Supreme Court and Gujarat high court giving the nod to the recommendations of the Central Pota Review Committee to conduct the trial of the accused sans the charges under the Prevention of Terrorism Act (Pota).

The Supreme Court on Tuesday refused to extend the stay order on the transfer of the case papers of the Godhra carnage incident from the designated Pota court to the Godhra sessions court, issued by the Gujarat high court.

The Pota review committee had said that the Pota could not be invoked in the Godhra carnage case and had ruled out the conspiracy theory floated by the state government. The Justice Nanavati Commission had earlier said that there had been a conspiracy behind the Sabarmati Express carnage and arson incident at Godhra railway station. However, last October, the Supreme Court upheld the opinion of the Pota review committee, and, last week, the Gujarat high court also did the same.

The Special Investigation Team (SIT), which has been reinvestigating the Sabarmati Express carnage and post-Godhra riots cases, has filed one main and 17 supplementary chargesheets in the cases. The main chargesheet, filed on May 22, 2002, named 54 people arrested as accused; while the latest chargesheet filed on February 4, 2008, named one person arrested last year as accused.

"The accused will now find it easier to secure bail since the charges under Pota have been removed," said Mukul Sinha, who represented the accused before the Nanavati Commission. "Now, all these cases will be transferred to the Godhra sessions court and the accused will be able to get bail, which they were unable to earlier," he said.

Sadeed Umarji, whose father, Maulana Umarji of Godhra, had been arrested in connection with the case, said, "Many years have passed and the government should forget its attitude of revenge. The Supreme Court and Gujarat high court have upheld to opinion of the Pota review committee and the SIT should reveal the truth behind the incident instead of following the earlier investigation."

Nanavati commission report on riots pending

Though the Justice Nanavati commission has come out with its report on the Sabarmati Express carnage, it is yet to bring out the report on the post-Godhra riots. The commission, in its report submitted last September, said there was a conspiracy behind the Sabarmati Express carnage. However, the Supreme Court and Gujarat high court have upheld the opinion of the Central Pota Review Committee (CPRC), which had ruled out the possibility of a conspiracy. A source said that, in the coming report, the role of BJP minister Maya Kodnani, VHP leader Jaydeep Patel, other police officials and bureaucrats will be an important factor considering the SIT is up in arms over Kodnani and three police officials arrested in the case. 

Nikunj Soni/ DNA-Daily News & Analysis Source: 3D Syndication