Thursday, November 22, 2012

Gomtipur riot: HC upholds order for separate trials

Express news service : Ahmedabad, Mon Aug 27 2012, 04:20 hrs
The Gujarat High Court has upheld the decision of the Ahmedabad City Civil and Sessions Court on a 2002 riots case reported from Gomtipur area of Ahmedabad to conduct separate trials for Hindu and Muslim accused.
An accused had challenged the Sessions Court order at the HC and a single judge bench recently upheld the order while citing a precedence set by the Supreme Court.
According to details, two persons were killed in the rioting at Gomtipur on March 30, 2002. Later, the local police had arrested 44 persons, including 13 Hindus and 31 Muslims. Former BJP MLA from Shaherkotda Jitu Vaghela is also among the accused.
Police had submitted a single chargesheet in the case. However, the concerned additional public prosecutor (APP) had, at the relevant time, moved an application to separate the trials of Hindu and Muslim accused in the interest of justice.
The APP had contended that since the two groups had separately formed unlawful assembly and had conflicting common object, they cannot be tried jointly.
The trial court had allowed the application and ordered to separate the trials under the provisions of Section 218 of the Criminal Procedure Code. The order was challenged by an accused at the HC.

Gujarat EDN
IE 27AUG2012