2002 riot case:Court releases 44 Hindus/Muslims including former MLA

Ahmedabad, 3 September 2014

Principal Sessions Judge KK Bhatt has ordered release of 44 accused allegedly involved in stabing case of year 2002 communal riots in Ahmedabad. Former BJP MLA from Shaherkotda Jitu Vaghela who won assembly poll in December 2012 was one of these 44 accused.

The case is about a stabbing on 30 March 2002 when rioting took place in Nano Vankar Vaas, Moto Vankar Vaas and Shamsher Baug localities of Gomtipur. While one Vasant Parmar died of stab injuries, Ashraf Pathan was shot, allegedly in police firing.

Police had filed complaint against a mob and arrested 27 Muslims and 17 Hindus. They were booked collectively for murder and rioting. Among the accused is former BJP MLA Jitu Vaghela, later released on bail.

As per a precedent set by the Supreme Court, accused were charged under two separate charge sheets through an order by Sessions court in its year 2009. This because the defense counsel of the Hindu accused, the husband-wife team of Anand and Kinjal Brahmbhatt had maintained that “Hindus will not kill Hindus” and the murder charge, therefore, should apply only to Muslims. The accused from the two communities could not have jointly formed an illegal assembly and, therefore, the same charge sheet could not apply to them.

After a long trial against 44 accused, the court this week observed that there was no evidence against accused and ordered their release.