Amit Shah in SIT court supports Mayaben’s claims that she was in Assembly and hospital on 2002 Naroda Gam riot day

Ahmedabad:

BJP president Amit Shah today deposed before a special court here as a defence witness for former Gujarat minister Maya Kodnani, in 2002 Naroda Gam case pertaining to the killing of 11 persons of minority community here during the Gujarat riots that broke out a day after the burning of a coach of Sabarmati express on February 27 that year near Godhara killing 59 Karsevaks.

Shah during his over half an hour long presence in the court and cross Examination supported Kodnani’s claim that she was in the Gujarat assembly and later at Sola civil hospital on the day of the incident ie February 28. However in his witness he also said that he does not know where she was during the in between period and after leaving the hospital escorted by police.

In his witness he said that Kodnani, a doctor (gynecologist) by profession who was also an MLA (Naroda constituency in Ahmedabad) of the party like him at the time of the incident was present in the assembly which was in session that day when a condolence motion for the slain of Godhara train burning incident of a day before was moved. The house was adjourned after that and after that he went to Sola civil hospital in his car along with his driver where the bodies of the train burning victims were brought. The hospital fell in his then assembly segment of Sarkhej and he went there as he was receiving phone calls from there. The family members of the deceased were also present in the hospital. There was a lot of commotion and confusion in the hospital and people were very angry. There were many other people whom he knew were also present there.

Replying to a query he said, ‘I saw Mayaben entering the hospital while I was going out. Amid the built up anger Me and Mayaben were taken aside in a police jeep.’ He however said that he did not know about the where-about of Kodnani during the period between her presence in Assembly and Hospital. ”Kodnani was inside the state assembly at 8.30 am. I had seen her that day. I left the assembly and reached the hospital at around 9:30 or 9:45 am. I also saw Kodnani while leaving the hospital between 11 and 11.15 am. We both were escorted out by police from the hospital, after which we went our separate ways,’ Shah said adding that the police dropped him near Gota area in the city from where he went in his own vehicle.

He said that he did not recognize the signature of Mayaben. He also said that he did not know driving and his vehicle was always driven by his driver. To some queries he said that he was unable to recall the exact time of the event. He also said that he had never before deposed before SIT in the matter as he was never asked to do so though he knew about the advertisement of SIT in newspapers asking anyone with evidence in the riots cases to come forward and assist the probe.

Notably, the SIT chargesheet claims that Kodnani allegedly had left the assembly at 8.40 am that day and reached Naroda Gam at around 9.30 am. The SIT has quoted eyewitnesses and claimed that signals from Kodnani’s mobile phone suggested that she was at the spot till 10.30 am.

Kodnani is facing charges of instigating people to avenge the deaths of karsevaks killed in the Godhra train carnage. Victims counsel Shamshad Patan claimed that Shah’s witness confirms the involvement of Kodnani in the crime. ‘Shah said that he does not know where she was between he saw her in assembly and the hospital. This was the time when she committed the crime. His witness in fact confirms ours years long stand,’ Pathan told newsmen in the court premises.

Special SIT Judge P B Desai, had issued the summon for Shah on September 12 asking him to appear as witness today. Earlier on two occasions Kodnani had failed to provide exact address of Shah for sending the summon.

Today Shah arrived in the court amid tight security. Mayaben and another convict of the case Babu Bajrangi were also present in the court. Shah was the last prominent witness in the case to appear before the court. Earlier in the case over 200 witnesses (from both prosecution and defence sides) had recorded statements. The case has seen over half a dozen supplementary charge-sheets.

Before the start of cross examination Judge Desai in presence of SIT counsel V K Malhotra, government advocate Suresh Shah and Kodnani’s advocate Amit Patel, Pathan and othes gave a traditional warning to Shah to reply the queries with full responsibility as his statement would be recorded. He also told him to not to reply a question without clarification if he did not understand it.

Kodnani, who had to resign from the post of Child and woman development minister to which she was elevated in 2007 owing to his name in the case and was later arrested in 2009, was among 30 convicts including Bajrang Dal leader Babu Patel alias Babu Bajrangi in the case in which the SIT court had pronounced its judgement in 2012. She however got bail on health ground and delay in hearing of the appeal in July 2014. There were over 80 accused in the case of which 11 had died during the trial and remaining were acquitted.

The SIT had alleged that Kodnani had led the crowd that killed 11 Muslims in Naroda Gam on February 28 while in her defence she had maintained that she was not present at the scene as alleged. She claimed that at the time of the incident she was in the Sola civil hospital here where the bodies of the karsevaks killed in train burning incident in Godhara were brought. Earlier she was in the Gujarat assembly. She had claimed that Shah, the then MLA of of her party BJP, was present at both the places and his statement was of utmost importance to prove her alibi and innocence. Earlier on two occasion summon to Shah could not be issued as Kodnani failed to provide his exact address.

The court on September 12 issued the summon on Thaltej address of Shah in Ahmedabad.

Notably Naroda Gam case was part of the larger Naroda patiya massacre in which altogether 97 people were killed. It was one of the nine major cases of Gujarat riots which were probed by Supreme Court-appointed Special Investigation Team (SIT)

Earlier in the application in the lower court the former minister, had sought that summons be issued to Shah and 13 others as she wanted to prove that on February 28 2002, the day the riots broke out in Naroda Gram and Naroda Patiya, she was present in the Gujarat legislative assembly. She has submitted that after that she was present at Sola civil hospital, her home at Asarva, the civil hospital in Asarva and the then her home. She had met with Shah in the assembly as well as the Sola civil hospital. Kodnani, the then minister was accused of leading and inciting a mob.

The final argument in the case will likely be done from September 25. Notably Shah was here today to participate in a party event.

DeshGujarat