Maya Kodnani acquitted in year 2002 Naroda Patiya riot case; Babu Bajrangi’s conviction upheld

Ahmedabad: The Gujarat High Court today pronounced judgement on appeal petitions moved by 31 convicts including former State minister Mayaben Kodnani, Bajrang Dal cadre Babubhai Patel alias Babu Bajrangi in year 2002 Naroda Patiya riot case.

The court of division bench of Justice Harsha Devani and Justice AS Supehia acquitted Dr. Mayaben Kodnani. Personal Assistant of Dr. Mayaben Kodnani, Kirpal Singh Chhabda was also acquitted by court.

The High Court termed Babu Bajrangi guilty and upheld his conviction by trial court. However his jail term has been reduced to 21 years. The High Court didn’t rely on sting operation but held extra judicial confession by former journalist Ashish Khetan as evidence.

The High Court reversed acquittals of three accused and found them guilty.

The High Court rejected appeal of riot victims for compensation.

Acquitted:

Maya Kodnani, Kirpal Singh Chhabda, Hiraji Marwadi, Vijay Parmar, Sachin Modi, Santosh Mulchandani, Pintu Chhara, Ganpat Nidawala, Vikram Chhara, Manubhai Morda, Babu Vanzara, Shashikant Marathi, Mukesh Vakil, Gita Rathod, Ramila Rathod, Sachin Modi.

Guilty:

12 are convicted for 21-year term, 3 more who are guilty will be heard in May for their sentence. Those convicted are Nawab alias Kalubha, Babu Patel alias Babu Bajrangi, Haresh Chhara, Kishan Korani, Prakash Rathod, Suresh Langdo, Kalu Bhaiya, Murli Sindhi, Naresh Chhara, Ganpat Chhanaji, Vijay Rajput, Umesh Bharwad. Those convicted will need to file appeal in the Supreme Court within 90 days for admission, they can pray for bail also.

The status:

Out of the 32 convicts in the case, Gujarat High court acquitted 17 people including Maya Kodnani; conviction of 12 was upheld, conviction of 3 was fresh in reversal against trial court’s order. 1 accused is dead. Out of 15 convicted, 12 will face 21-year imprisonment while sentence of rest of 3 will be pronounced later.

Why Kodnani was acquitted

Kodnani was not named in 2002 when the incident happened. Her name was for the first time mentioned in this case in year 2008 during the SIT(Special Investigation Team) probe. Many agencies had come up between this period, and therefore it was difficult to believe in private witnesses who mentioned her name in 2008. Trial court had not believed in police witnesses, the High Court however believed in them. 11 witnesses against Mayaben Kodnani’s deposition before the court was contradictory and inconsistency. Some said she had come in car, some said she had walked to the spot. Some said she came from one side, some other said she came from other side. Police don’t support any of these versions. None of policemen said she had come there. Mayaben was therefore given benefit of doubt.

Why Babu Bajrangi faced sentence?

Babu Bajrangi, Prakash Rathod and Suresh Langdo Chhara are also convicted under section 120b (criminal conspiracy). The court didn’t believe in Tehelka magazine sting operation but believed Tehelka’s then editor Ashish Khetan’s statement against them. On the basis of this, they were given 21-year sentence without remission. In order to maintain parity of sentence, Bajrangi was also given 21-year term.

More details are awaited.

DeshGujarat