Judge was opposed to issuing death sentence, which she said was against "human dignity"
The special fast track court in Ahmedabad on Friday sentenced all 31 convicts in the Naroda-Patiya massacre case to life imprisonment for varying periods. The former Minister and Bharatiya Janata Party MLA in Gujarat, Mayaben Kodnani, was ordered to serve 28 years in jail.
Another high-profile convict, the former State president of the Bajrang Dal, Babu Bajrangi, considered the most brutal during the attack on Muslims in the Naroda-Patiya locality here, has been ordered to spend the remaining part of his life in prison — till his natural death — while seven others, including Suresh Chhara, whose wife is a Muslim, have been sentenced to 31 years.
The remaining 22 convicts will serve a jail term of 24 years. No one was given the death sentence. The court did not pronounce punishment for one convict who is alleged to be “absconding”.
It is perhaps for the first time that sentences pronounced under various Sections of the Indian Penal Code and the Bombay Police Act would not run concurrently for any of the 31 convicts.
Pronouncing the quantum of punishment, special court judge Jyotsna Yagnik, who on Wednesday held 32 persons guilty and acquitted 29 others, said all the 31 convicts would serve 10 years in jail under IPC Section 326 (voluntarily causing grievous hurt by dangerous weapons or means), after which their sentences of life imprisonment of varying periods would begin. Dr. Kodnani, a practising gynaecologist who also runs a hospital, has been sentenced to 18 years of life imprisonment — effectively 28 years in jail.
Seven others, including Suresh Chhara, have been sentenced to 21 years of imprisonment — effectively 31 years in total. The remaining 22 convicts got the normal life sentence of 14 years but after serving 10 years under Section 326 of the IPC.
The judge was particularly severe on Dr. Kodnani, who, she said, had failed to perform her duty as MLA. “As a representative of the people, Dr. Kodnani was expected to serve the people and try to stop the riots. Instead, she has been found to be involved in plotting and planning the conspiracy along with Babu Bajrangi to attack the Muslims in Naroda-Patiya,” Ms. Yagnik observed. Dr. Kodnani was elected to the Assembly three times from Naroda. At the time of the 2002 riots, she was a sitting MLA. She was Minister of State for Women and Child Welfare after her victory in the 2007 Assembly elections, a post she held till she was obliged to resign after having been arrested in connection with the Naroda-Patiya massacre by the Supreme-Court-appointed Special Investigation Team in 2009.
The court said Dr. Kodnani was the “kingpin of entire riots in the Naroda-Patiya area. “She led the mob and incited them to violence. She abetted and supported the violent mob,” the court observed.
The first ruling party legislator and perhaps first woman to be convicted in the 2002 communal riots, Dr. Kodnani, once considered to be a close associate of Chief Minister Narendra Modi, broke down on hearing the sentence.
Ms. Yagnik refused to show any leniency to Dr. Kodnani, who claimed herself to be a “victim of politics” after she was convicted on Wednesday. The judge observed that neither during the trial nor in her earlier statements had she had mentioned that she was a victim of politics. The sudden unsubstantiated claim after the conviction could not be taken into account for leniency in punishment, the judge said.
The judge also observed that there were instances of rape and gang rape of the hapless Muslim women during the riots on February 28, 2002 were established beyond doubt but said she was not sentencing anyone for the crime because it was not possible to pinpoint the identity of the culprits. However, Ms. Yagnik identified one survivor of the gang rape and ordered the State government to pay her a compensation of Rs. 5 lakh at the earliest. Describing the communal violence as “cancer in society,” Ms. Yagnik said exemplary punishments needed to be inflicted on the perpetrators of such crimes so that they would never be repeated in future. Rejecting defence theory that the communal violence at Naroda-Patiya was a reaction to the Godhra train carnage, Ms. Yagnik said the 2002 communal riots were a “black spot on the democratic structure of India.”
“This was a pre-planned conspiracy and it cannot be mitigated by just saying that it was a reaction to the Godhra train burning incident,” the judge observed. “Nobody can be allowed to take the law into their own hands because India is a country that upholds the rule of law.”
On the Naroda-Patiya violence, Ms. Yagnik said, “acts of communal violence are brutal, inhuman and shameful. Naroda-Patiya was a clear incident of human rights violation as 97 people were killed brutally within a day — who included hapless women, children and aged persons. The climax of this inhuman and brutal act of violence was reflected in the murder of an infant who was barely 20 days old.”
Despite the seriousness of the crime, the judge was opposed to issuing the death sentence to any convict, which she felt was against “human dignity.” Noting that many countries had abolished the death penalty and a global campaign was on to restrict the sentence to extreme cases, Ms. Yagnik observed the “death penalty brings justice to the victims and it is desirable to reduce the crime in society, but the court cannot overlook the global trend prevalent in the recent years”.
Even as the victims’ advocate, Shamshad Pathan, said they would approach the High Court against the acquittal of 29 persons, and the defence lawyers said they would challenge the special court’s verdict, the judgment and the quantum of punishment brought smiles on the faces of many of the survivors, as their decade-long wait for justice came to an end.
“Our real Id is today,” Fatima Bano, one of the eyewitnesses of the gruesome massacre, said. She said she would have preferred much stricter punishment for the convicted and rued the acquittal of 29, who in her opinion were also guilty, but said even what was awarded was satisfying enough.
“We waited for justice for 10 long years but today our departed beloveds will finally be in peace,” she said. She and other victims said the way they had been living for 10 years with the nightmarish experience and without their loved ones, “the families of the convicted will now start realising what it is to live without your near and dear ones.”
In contrast, the families of the convicts were in total anguish. Many of the family members waiting outside the court room were heard shouting anti-Modi slogans alleging that the government had let them down in their hour of need.
Father Cedric Prakash, director, NGO Prashant, which was co-ordinating with the Mumbai-based Citizens for Justice and Peace in helping the riot victims, said the judgment was a “step in the right direction” and should come as a “severe warning to several more high-profile politicians and others who still stand accused in the courts of law on various charges committed during those bloody days of 2002.”
Keywords: Naroda Patiya riots, Gujarat riots, 2002 riots, Narendra Modi government, Maya Kodnani conviction, sentencing
Whether Kasab or Kodnani, both are victims of hate-crimes, who were
brain-washed by the hate-mongering fanatic religious organizations.
Let's make this world a beautiful place by abiding to the rule of land,
peace and friendship.
Appreciate the Punishment. This will avoid GODRA KIND OF mass killings from our society
Dear Muslim brothers
Have you ever commented on the killings of large numbers of Hindus on several occasions?Can you say what made the convicted criminals? The number of non-Muslims killed all over the world by the terrorist is count less.Why can't you just admonish the inhumans to be tolerant?
I have al sympathy for the innocents who are killed.Please be sympathetic to thousands of innocent Hindus who are killed day in and day out.Weren't the people killed in the train innocent?
28 yrs for Kodnani and lifer for Bajrangi; but the masterminds of Godhra train carnage and the mullas who incited youth to perpetrate burning to death of 120 karsevaks in train bogies, heinous crime by Muslim fundamentalists are let off due to insufficient evidence. This has left a deep scar on every respectful Hindu youth and is watching the developments closely.
Great judgement. Hats off to Judge Ms Yagnik and Indian judiciary in general. We miss this in Sri lanka. Dr.Mayaben Kodnani you were elevated from MLA to minister because you massacred people. Now you have been demoted to be prisoner, you stil want to butcher innocent women and children?
As per the verdict the progressive society restricts use of the death penalty, which undermines human dignity may be court's own philosophy of life. Judiciary's balances are tilted in favour of majority community when organised crime like communal riots are put into the scales against the punishment. Does Progressive society under weigh Primitive society's violence. Whether civilisation tolerate killing of 20 days old by the Doctor-gynaecologist under Hippocratic oath ?
Most heartening. May this benchmark judgement against perpetrators
causing communal strive prevalent in India. The perpetrators causing
internal migrants to live in fear must be next in line to be apprehended
and justly punished.
Its a lesson for the divisive Rss/Sang parivar/BJP/VHP/BD/Ramasene.
It is these people who use their own party workers like Kodnani and
Bajrangi to kill people.
Now who is in jail?
Not the ones who planned it.
But these (Kodnani & Bajrangi) who executed the plans of their higher-
ups.
No ideology is greater than life.
From now on learn to abide by the law of the land.
Judiciary proved its impartial Indianess in the judgement. It will serve as a deterent to religious fanatics and enhance trust on our judicial system for commeners. Great day for every human who loves other fellow human.
Hats off to the judge. We need such judgments once in every week to spread the signals to the brains of thinkers of violence. While thinking of violence, they should simultaneously think of India's strength in judiciary. They should know that they cannot escape from police, law & order, people of india. This judgment is giving ray of hope of safe India in the years to come. Hoping to see judgments that terrorists, terrorist supporters, shelters givers are hanged to death in public places in India.
I am really happy 2 see the judgement, but delayed in this case. The judgement beyond doubt was well pronounced. I am also happy to see my like minded Hindu brothers who has commented on this column. Democracy and secularism still persists in India. Long live my country India till this Universe exist...
Better late than never. But I think, they were the pawns only, the mastermind remains untouched. What about Modi? He paralyzed the police, the administration in whole and actually helped to spread communal violence. So nab the real culprit and put him behind bars. Only then the true rioter will be punished.
This is a very wise judge. I salute her. But I would have preferred
death sentence for all the criminals because this was premeditated
concerted crime. Death sentence is essential to press a brake on this
type of massacre and killing of peace and dignity of India and Indians.
Actually we should prosecute the communal leaders for spreading hate for their own gains.
In the eye of court every one is same. I appeal all the people of our country to live peasfully and dont dirstud any one because india is our country.
Something is always better than nothing. Some real relief to the families of victims by the judiciary. Its a wake-up call for all the people with communal mind and attitude, killing innocent people and disturbing the communal harmony cannot be taken for granted, that's a very strong message sent by the judicial system of India. Nothing can be compensated for the pain and agony of the victim, however this judgement will surely give sum confidence to them.
Excellent work by the Supreme Court and the SIT. Several Hindus were
angry about the Godhra incident and some of them may have retaliated
in the heat of the moment. But there is no reason for an elected
representative to plot and kill people. The MLA, instead of this,
could have worked through her own government to bring justice to
victims of the Godhra incident. I am proud being an Indian. Can the
Supreme Court do something about the Sikh riots in Delhi, the violence
in Assam, the recent violence in Mumbai. Prompt justice helps in
building a civil society.
when will the victims of sikh riots get justice?? When will the
thousands of kashmiri pandits will get justice of their ethnic
cleansing?? Probably never. Does Congress party care about them??
Justice is available just for one religion and denied for others.
It is great day in the democratic India..Court has given good lessons to
Hindu fanatics who does not treat other human beings equal. We should
all live in India with equality, liberty and fraternity as mentioned in
the our constitution..
If Kodnani was guilty, the decision by the court is absolutely correct.
But I hope one day, the real schemers who burned down the train in
Godhra, and seeded the riots brought to justice.
It is a great verdict. People who take law on thier own hands
Should realize that it will not be tolerated in any civilized society.
Thanks
It is indeed an excellent judgement and finally a healing touch to the
victims of TERROR ATTACKS and not riots because riots occured between
two groups but here conspiracy was planned against minority...every body
knows about the master mind of this carnage but why he cannot be brought
to book????
A great day for justice loving people of India and Indian judiciary.A
landmark judgement on long awaited riot cases of Naroda Patia. This is
moral booster to effected people and moral looser to fundamentalist
forces which were constantly harming communal harmony and national
integrity of the country. It is really long awaited verdict against
politicians and their allies ever punished under law of the land for
their crimes against humanity.Bravo to and long live Indian Judiciary.
thanks lot for the judgement and Indian judiciary, also the people wait
for the judgement and not go for in judicial way.
Well done Judge Yagnik. Good decision. Glad to see the guilty receive such
exemplary punishment. Hopefully this will send a signal to the bigots and politicians
who play with the lives of people in the name of religion to further their own narrow
ends.
Kudos to Justice Yagnik.
The convicted ex-minister's boss, who gave the green signal for unleashing the anger (or reaction) is still free and ruling the roost. It's a slippage from the commission appointed by the judiciary.
What is even more appalling is that Dr. Kodnani is a doctor whose duty it is to save
lives, not take them. Clearly, she has not taken the Hippocratic Oath...
This is a landmark victory for the people of India to feel proud that Indian justice system works and law of the land prevails. Also it would be nice to get similar judgement for corrupt politicians who loot the country in Mining scam, 2G Scam, Adarsh Scam and disproportionate wealth cases which are in progress in various courts.
After such a long dusk of 10years there is some brightness in Gujarat
rights case, after seeing everybody go- free in most of the graft cases.
This is a heads-up to all the jury of the court at all level that you
are the people on whom common man is relying, you should take such tough
decision without bias. This is triumph of common man over powerful
politician. A coup !!!!!!!!
Since Independence in each and every communal riots/Genocide, It is
the minority who lost their lives and property and it is the BJP/RSS
who got electoral advantage.
The pattern of spreading Goebeliion lies & rumors, mobilizing mobs,
distributing weapons, getting support from police, then torching
property, r*aping women and burning alive Human beings is the typical
conspiracy of R55.
Only P. Chidambaram exposed the home grown terrorists, that's why they
were after him and made him to leave home Ministry.
Can any Court order investigation to probe the Militant training
imparted by RSS and its other organizations?
Can any Court order for background check of Police, Military and
Judicial officers for their alleged link to these terror groups?
At a time when the govt at the helm is hard put in curtailing the
powers of the apex court by clipping its wings attributing this and
that,rulings by the apex court,such as the present one,and also in
kasab's case,could be a slap on the govt's face indeed.I cannot
resist myself in saying KUDOS to the apex court's judges who
delivered the verdict.
In this country, Evidence apart, courts are as good as the judges. In the Naroda Patiya massacre case, judiciary has indeed done a terrific job and indeed deserves all appreciation but the judgement is a small step in the right direction as far as communally motivated crimes are concerned all over the country.
Indian Judiciary did a great job!! Violence to any community in any face should be treated with iron hand. Zero tolerance. Still culprits are around the country and soon the TRUTH will come to light.
Proud to be an INDIAN!!
Thanks to the judge for not granting the death sentence, the death could have given them respite as it will eliminate their suffering in a day. They should live for long in a prison and suffer the pain and the humiliation and regret for the sin they committed. The people's representative from the same area leading and killing her own constituents is unbearable and Mr. Modi promoted her from MLA to the Minister for her contribution!. He now wanted to become the Prime Minister of the Country, what a shame! The abled administrator and issuing statements on daily basis to the central government and lecturing them on a morality is biggest joke of a century. He too should be accountable for the crimes committed against the women and children. How could he boast that, he is the no nonsense administrator and such brutality commited under his command. He will be haunted by the voices of victims wherever he goes politically and conciously.
Thank you Indian Judicial System, You saved millions of Indian falling faith in you. What a marvelous job !!! Congratulations to all the Indian who are Indian first and then have second identity. Hats off to Indian Judiciary.
As the saying goes, the wheels of justice turn very slowly, yet it grind exceedingly fine, the accused in the Naroda Patia massacre case wherein 62 people were tired for brutal the massacre of 97 people in 2002 in Gujarat – which was also the largest case of mass murder during the infamous Gujarat Riots of 2002. Though the penalty awarded to the accused is exemplary, the case is not viewed by the trial court as a rarest of rare one, which in fact it was according the Public Prosecutor and the Civil Liberty Activists. This verdict is historic on many counts. For one, in communal riots, usually the perpetrators are not punished for want of direct witnesses and/or enormity of size of the accused in hundreds. Secondly, politicians manage to go scot-free in riot cases taking advantage of the mob violence. Thirdly, those who hatch conspiracy to trigger mob-violence remain under shroud. Fourthly, innocents and the mysterious people get punished due to the unprofessional investigation of the
Justice delayed, but not denied. May all those poor souls rest in peace.
Politician convicted and awarded life imprisonment proves that judiciary
in our country is still alive...Great verdict.. appreciate it..
This is indeed a sad day, when a political leader, a highly educated one, a specialist
doctor 'Gynecologist', got away with '28' years in Jail, for being a
It took a long time and enormous expense to nail this assassin, who enjoyed the
comfort of her home during the trial.
Her party is in power and would ensure that her stay in Jail would be as comfortable
as possible, and her family would be very well looked after.
It is written that communal violence as “cancer” on Constitutional secularism. But has anybody made some enquiries as to why this cancer is increasing day by day in a secular country like India. It goes with the ever increasing population of the country.Intolerence to live with other faith in the scenerio where more and more people are forced to live in congested neighbourhoods is one of many other reasons. Dilapidated buildings whether it is a place of worship has to be demolished and communal violence as a result of destroying the building is hard to understand. Murder of innocent Hindus and subsequent murder of innocent Muslims should be condemned no doubt.It looks like people have nothing else to do rather raking up trouble. Everybody suffers and there are no winners in these type of religious conflicts. If there is a comparison between Islamic fundamentalistic countries with a secular country like India in terms of progress in terms of economic growth,India for sure is far ahead.
Justice delayed is Justice denied! 10 years and still 50% go scott free. It must also be appreciated that it was only possible due to sustained actions of some members of the civil society, and the perseverance & fearlessness of the riot survivours. They have and are enduring a lot still in Hindutva's Laboratory of Gujrat. Finally credit must go to the Supreme Court of India for intervening & transfering the cases out of Gujrat High Court where the sitting Judges & appointed public prosecutors made a mocekry of the rule of law & poured salt on the wounds of already traumatized victims of this genocide. However I am not happy with the sentence pronounced for the rioters. 28 years for Killing? while Kasab gets Death Sentence for the same? Rape & premeditated Murders must not be taken lightly and irrespective of persons involved, Death by Gallows must be the norm. I hope they can not prolong this case any further by appealing to Supreme Court!
Great day for India and its people. The faith of people in constitution and judicial system reaches new heights (though still many things need to be done).
But we need to make sure that the message of honoring life is given/passed onto our future generations.
Indian judiciary showed it's bravery in punishing the offenders of the Godhra riots...Communal riots should not be tolerated any more in the country...It's really a pleasant judgment that I have seen in this big massacre..The people who were accused are not small fishes..but got imprisonment...
Fear of punishment plays important part in implementation of laws.
This decision will surely discourage wronger doers in future.
We expect same type of decision for all the scandals and corruption cases held in court for a long time.
This is certainly a big day in Indian judicial system. Atleast something good heard after a long time. This definitely contradicts the proverb "Justice delayed is justice denied". Thanks to Indian Judiciary for not letting down the victims of this mishap.
Remarkable indeed. I just wish that such an exemplary judgement had come much
much earlier, e.g. after the open slaughter of Sikhs in the aftermath of Indira
Gandhi's assasination. A strong signal at that time would have deterred all future
fundamentalists and political opportunists and we'd have had far fewer lives lost to
communal violence.
Nevertheless, better late than never or as the much better suited Hindi phrase "Der
aaye par durust aaye".
All courts (including SC )are quite active when benefits of decisions are political favourable to CONgress ( Emergency , non serious in anti sikh riots, etc )
This judgement will reaffirm, at least to some extent, that justice is
still available in India for the poor and powerless. Congrats to Teesta
Setalvad who has been courageous and risked her life to fight for the
downtrodden.
Now will Modi declare a 5star hotel room as a prison and transfer them there, like the Congress Government of Kerala did for its convicted corrupt minister?
Excellent judgement. I hope the people died can rest in peace.
Jaihind
This is one more appreciable decision taken by Gujrat court after the Kasab verdict.it was necessary to take hard decision for stopping communal violence in future,I think it will give strong massage among communal perpetrators and leader,who want spread communal violence.
Difficult to believe that politicians and people connected with them
can ever get jail term in India.
It certainly is a landmark judgment in our country where corruption
rules in all facets of life.
Hope our judiciary carries on its good work and does not differentiates
any case based on religion or region or cast or color. Hats off to Indian Judiciary system. I see light at the end of the tunnel, I see hope for our country.
Very late judgement,but still Acceptable.
Great day for India JUDICIARY, justice to the victims though very late. But given the conditions where high profile people were involved in the criminal, its understood.
Well said ANKUR, communal hatred is very dangerous for the country. We shud condemn all communal people whoever they may be. No religion teaches violence, its just handfull of vested interests who misuse religion to serve their interests. We shud stand clear and united. United we stand, divided we fall.
It is so heartening to note that the court has shown such an xtraordinary moral and practical
courage to punish these despicable characters. Disagreeing with some of or all underlying
philosophy of another faith is one thing , but active participation in acts that led to this
barbaric deaths of innocent citizens of a different faith is something else. It must be
condemned by all . This judgement is a moral victory for the nation. It will be a guiding
beacon for others to follow.
very good decision, but we need to know some people manage to flee from net of SIT due to "lack of evidence" we have to understand technicality of process those who flee from net will face humilation in their life, as nature justice work without "evidence".
A landmark judgement in the Naroda riots case a women mla sent to 28
years imprisonment for the first time in India wow and the court
rightly said communal riots are like cancer and cannot be tolerated,
India is a secular nation and we have unity in diversity , religious
fundamentalism should be dealt with zero tolerance such people are
more dangerous than kasab because they strike at our brotherhood.. no
religion ever can justify killing innocent people so well deserved
punishment and lesson to to b learnt love every human irrespective of
religion .. congrats muslim brothers, vhp & bajrang dal can never
represent hindus like me ... nab the real culprits and book them by
law the ones who started it all ones who torched that train and
initiated that massacre...they dint belong to any religion they never
can because they not even humans.. judiciary did a terrific job
deserves all appreciation
Indian judiciary is clearly saying that it is blind to color, caste , religion and race. A
great day for India. Every supporter of fundamentalist movement start thinking before
he indulges in such an orgy of violence. I hope some justice is done to the victims of
1984 Sikh riots. Former CJI Ranganath Misra will be remembered for not being fair.
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