In a historic first, a special court in Gujarat has convicted and awarded life sentences to as many as 31 mostly high caste, landed Patels for burning alive 33 Muslims — the majority of them women and children — of Sardarpura village in Mehsana district. The village was among numerous Muslim habitations targeted across the State by irate Hindu mobs as part of a pogrom ruthlessly executed in the aftermath of the February 27, 2002 Godhra train carnage. The rioters locked the victims in a cramped room and set it on fire, suggesting that they wanted a repeat of the Godhra horror. In handing out exemplary punishment to the murderers, the court has sent out a strong message that perpetrators of communal violence cannot get away lightly and, indeed, that the judgment is a critical step in the reversal of the pattern of administrative and judicial inaction seen in such cases so far. Sardarpura is a legal trendsetter in many ways. It is the first of nine post-Godhra riots cases prosecuted by a Special Investigation Team appointed by the Supreme Court, which in another remarkable initiative aimed at securing justice for the pogrom victims, also supervised the setting up of a string of fast-track trial courts.
It cannot be overemphasised that the pogrom-related cases came under the watch of the Supreme Court following complaints that the Gujarat police, itself perceived to be complicit in the riots, was deliberately lethargic in booking and prosecuting the accused. As the highest court in the land observed in an interim order, “the need for early completion of sensitive cases, more particularly in cases involving communal disturbances, cannot be overstated.” In the Sardarpura case, during the course of the trial, the SIT twice amplified the list of accused through additional charge sheets, taking the total number to 76. However, in a blow to the families of the victims, the court has acquitted 42 of them. The SIT also failed to prove the charge of conspiracy. But easily the most significant aspect of the case — which ought to have a decisive bearing on how future communal cases are fought — relates to the emphasis laid during the trial on protection of witnesses. The Supreme Court's directive to the SIT to provide tamper-proof cover to witnesses ensured that they were able to testify without fear of reprisals. Its instructions to the trial courts to deal “sternly” with any disturbances that might be created to “terrorise witnesses” strengthened the cause of justice. It is now the turn of the central government — which for some inexplicable reason put on hold the comprehensive architecture laid out by the 17th Law Commission in its report on ‘Witness Identity Protection' — to act.
Comments:
Better late than never. Kudos to the SIT for bringing the culprits behind the bar.
Days are gone when judiciary was a puppet in the hands of rich and powerful people.There is a wind of change blowing all over the country in all sphere of governance.People of India are now believing that change can be brought in this country.The stereotype believe that "nothing can happen to this country" is now fading. Government should come forward and play its role in making of a great India.
A very good judgement given by supreme court against the wrong doings of majority against the minority. This should be the best examples for the future who involve in these kind of terror activities. As mentioned in the article, these kind of sensitive cases should be handled quickly as possible by the courts, so that other riots which may happen in the future might be avoided as the persons involve in the riots will be afraid of the punishment they will be awarded
Trial Court verdict of life imprisonment is disproportionate to the crime of these offenders. The trial court should have sentenced the capital punishment so that the country should not face the precedents of communal violance in future. As the readers are aware that Gujarat riots were state sponsored, and these criminals were deified by the state machinary as the Heros of the religion, so we can gauge that in jail they will be treated as the "Sarkari Guest" instead of the criminals.
The proverb 'justice delayed is justice denied' proves wrong after the exemplary verdict to the perpetrators of the heinous crime. Communal violence remains a major challenge to the integrity of the nation. Hope suitable steps are taken to avoid the occurrence of it as 'Hindu-Muslim' riots show India in a poor light.
The Hindu's suggestion to the Central Government to enact the Witness Identity Protection Act is in the interest of all such victims of communal Violance. But for the Supreme Court's strict instructions to the Courts and SIT this milestone verdict would not have been possible. Every one hopes that SIT will soon file its final report along with the Amicus Curiea's report in the Trial Court and the court decides whether or not all named in the Complaint including Mr Narendra Modi are to be prosecuted . A sitting Lok Sabha member was killed and his widow is seeking Justice. Let SIT not let the victims down.
Justice has been done to the helpless victims of the pogrom. Unfortunately, the common people from both the communities have been being used by the politicians to serve their narrow interests. Communal clashes have been nurtured and engineered by some parties who go Scot free. People have to unite for solution of their problems on rational grounds such as class and seek a way out of their confusion and distress peacefully.
The verdict brings albeit late some solace to the departed as well as the bereaved souls. It also boosts the faith the ordinary citizens bestow on our judiciary.
Indeed a historic and welcome verdict !!!!
It is absolutely commendable that the perpetrators of one of the most ghastly crimes in independent India's history have been brought to book, albeit with considerable delay. The post Godhra riots left a deep scar on the social and democratic fabric of our country and shook the conscience of the nation. There was a danger that the Gujarat administration which was, by all accounts, deeply complicit in the horrific crimes and thereafter deeply reluctant to act against the perpetrators would never provide justice to the hapless victims. However with the Supreme Court stepping in and constituting SIT to fast track the investigation and now the special court sentencing as many as 31 accused to life imprisonment, there is a hope that everything is not lost. The Gujarat government, which has been dragging its feet so far and has been repeatedly shown in poor light by the apex court, would do well to take a cue from this verdict and move speedily to solve other related aspects of this case.
Kudos to Indian Judiciary.It is a terrific blow to the communal hooligans who took law in to their hands and burnt the innocent helpless women and children.
Though the verdict looks delayed, the fact that the courts were awarded the life sentence to the 'miscreants', shows that the legal system is still very much effective and 'can' work without prejudice. There is no justification to taking a life and that too, when it is seems like an act of revenge against a non-related group of people (women and children) in response to a previous act of communal violence. If there are mindsets that perpetuate violence against women and children, then there needs to be corrective actions. As the Mahatma said, an eye for an eye, makes the whole world blind.
This judgement is proved to be a landmark and establishes the "Rule of
Law."
A good beginning on the road to justice. We hope the bigger fish are also caught. We also hope other victims will get due justice. But the Gujarat govt still seems unmoved, given that the victims have not been rehabilitated. The victims have lost their properties and businesses for which the state govt needs to take proper steps, if that govt. still has any concern for the victims of this pogrom.
This is the problem in our judiciary system, the victims get justice after long time. we should make our judiciary system very sharper. Some guilty people think that there no one in this country to make them punish, they can may be reach or in politics, or on the High post in Govt. Departments. This justice will give relief to victims. We have to not forget that any one can't be save by the religion. Maybe you are in majority but crime is crime.
The late verdict has come at the right time and kudos to the SIT. It strengthens the faith that the citizens of this country have on Judiciary.
Judgement was excellent .The final long verdict has given the message to the people in two ways. The judgement given by the supreme court will give a better chance to the common people to keep faith on courts(justice).The late verdict gave message that no mercy will be shown on the people who are involved in communal violence
Notwithstanding the verdict, I am very much doubtful about whether we would be able to remove the blot which made a deep scar in our secular fabric. Not only the judiciary but the hindus also have to walk a lot of mile to give the feelings to the muslims that India is a land of all Indians irrespective of caste, creed and religion.
I have always wondered, can our President do something to stop such massacres and other wrongdoings like destruction of the historic Babri Masjid? For instance, what prevents him/her as supreme commander of our armed forces to directly order the Army Chief to deploy the army at the first sign of trouble? As the guardian of our Constitution, should he not exercise his initiative to uphold this hallowed document's directives that forbids such despicable acts? An incident related to the 2002 tragedy comes to mind. A Muslim army Havildar who was serving at the front came home to Gujarat to find his house destroyed and his family missing. Getting no help from the local administration, he managed to get a meeting with the President of the time who gave him a patient hearing and post-officed his petition seeking justice, to the then PM. The latter sent it to the Gujarat CM who despatched it to his office shredder. This is how we ourselves create anti national elements within the country.