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New Delhi: A special court in Gujarat on Thursday acquitted all 67 accused, including BJP leader Maya Kodnani, in the 2002 Naroda Gam riot case. There were a total of 86 accused in the case, out of which one accused was already acquitted while 18 accused died during the trial. The accused were booked under sections 302 (murder), 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with deadly weapons), 120 (b) (criminal conspiracy) and 153 (rioting) of the Indian Penal Code. He was facing charges under IPC. The maximum punishment for these crimes is death.
On February 28, 2002, 11 people were killed in communal violence in the Naroda Gam area of Ahmedabad city. This incident took place during the bandh called in protest against the Godhra train burning. In the train burning incident, 58 passengers were killed, most of whom were returning from Ayodhya. Special prosecutor Suresh Shah said the prosecution and defense examined 187 and 57 witnesses, respectively, during the trial that began in 2010 and lasted nearly 13 years, with six judges hearing the case consecutively.
Amit Shah appeared as Kodnani’s defense witness
In September 2017, senior BJP leader (now Union Home Minister) Amit Shah appeared as a defense witness for Kodnani. Kodnani, 67, had requested the court to summon her to prove that she was present at the Gujarat Assembly and later at Sola Civil Hospital and not at Naroda Gam where the massacre took place. The evidence produced by the prosecution included a video of a sting operation conducted by journalist Ashish Khaitan and call details of Kodnani, Bajrangi and others during the relevant period.
When the trial began, SH Vora was the presiding judge. He was promoted to the Gujarat High Court. His successors, Jyotsna Yagnik, KK Bhatt and PB Desai, retired during the trial. Prosecutor Shah said that after this special judge MK Dave was transferred. The trial (statement of witnesses) was over about four years ago.
The prosecution’s arguments were over and the defense was still making its arguments when the then Special Judge PB Desai retired. Therefore fresh arguments started before Judge Dave and later Judge Bakshi, which delayed the proceedings.
