Friday, December 7, 2012

THREE KEY JUDGEMENTS

http://paper.hindustantimes.com/epaper/viewer.aspx

  • 16 Sep 2012
  • Hindustan Times (Mumbai)
“For the first time in Independent India, we have a high rate of conviction in communal rioting, going all the way up to the political masterminds. There is a long way to go, but the convictions have punctured a culture of impunity and ensured some accountability for lives and dignity lost,” says Teesta Setalvad, secretary of Citizens for Justice and Peace, an NGO at the forefront of the fight for justice.
1 NARODA PATIYA, ON THE OUTSKIRTS OF AHMEDABAD
97
Deaths during the riots: Date of the judgement: August 29, 2012
Court: Special court judge Jyotsna Yagnik, at a special designated court in Ahmedabad, supervised by the Supreme Court
Convicted: 32 people, including BJP MLA and ex-minister Maya Kodnani, former Bajrang Dal convenor Babu Bajrangi, BJP leaders Bipin Panchal and Ashok Sindhi and former corporator Kishan Korani — all of murder; 29 acquitted
Sentences: Life terms to 31 people What next? NGO Citizens for Justice and Peace plans to file appeals with respect to the acquittals and accountability from policemen on the beat.
FROM THE COURT ORDER: Acts of communal violence are brutal, inhuman and shameful... It [Naroda] was a clear incident of human rights violation as 97 people were killed brutally within a day which included helpless women, children, aged persons... This was a pre-planned conspiracy and it cannot be mitigated just by saying it was a reaction [to the] Godhra train burning incident. State Government protected and shielded the guilty accused, especially its minister, by providing protection to her when she was absconding.
2 ODE, ABOUT 90 KM FROM AHMEDABAD
Deaths during the riots: 27 Dates of the judgements: April 12, 2012 and May 4, 2012
Court: Judge PB Singh and Judge RM Sareen, at a special court in Anand
Convicted: 23 people and 10 people
respectively, of murder and rioting
Sentences: 18 of the 23 convicted in April were sentenced to life imprisonment, the remaining five to seven years in prison; nine out of 10 convicted in May were sentenced to life imprisonment.
What next? NGO Citizens for Justice and Peace has filed appeals in the high court in the first case and will file one soon in the second.
3 SARDARPURA, ABOUT 80 KM FROM AHMEDABAD
33
Deaths during the riots: Date of the judgement: November 9, 2011
The court: Special court judge SC Srivastava of the district and sessions court of Mehsana
Convicted: 31 people, of murder and rioting Sentences: The court sentenced 31 people to life imprisonment and fined them ` 50,000 each. It acquitted 42 others, 11 for a lack of evidence, while the remaining 31 got the benefit of the doubt. These 31 have been asked to submit a solvency bond of ` 25,000 each and told not to leave the country without the court's permission.
What next? Supported by the Citizens for Justice and Peace, victims and witnesses have filed appeals against acquittals and the judgements that did not uphold the charge of conspiracy.