Godhra train burning: Difference between revisions

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The Godhra Train Burning was an incident that occurred on the morning of 27 February 2002, in which 58 people including 25 women and 15 children died in a fire inside the Sabarmati Express train near the Godhra railway station in the Indian state of Gujarat.^[2] Many of the victims were Hindu pilgrims and activists who were returning from the holy city of Ayodhya.^[3][4] An investigation and a court ruling on the case later said that the fire was arson committed by a mob of 1000-2000 people,^[5][6] mainly Muslims,^[7][8][9] while three other investigations said the fire was accidental. A court convicted 31 Muslims for the incident and the conspiracy for the crime^{[7][8][10][11]} although the actual causes of the fire have yet to be proven conclusively.^[12]

The event also triggered more 2002 Gujarat violence, resulting in deaths of 790 Muslims and 254 Hindus and widespread loss of property, and homelessness.^[13]

Godhrl is a province with a Hindu and Muslim population. Beginning with the Partition of India, a series of riots between the communities has occurred.^[14] In 1980, five Hindus, including two children, were killed in the Signal Falia neighbourhood near Godhra Railway yard. In 1985, communal disturbance continued for more than five months from February to July 1985 and the region remained under curfew for about a year. In November 1990, four Hindu teachers at the Vorwad Saphia Madrasa School, including two women, were killed.^[15]

In February 2002, thousands of Ramsevaks had gone from Gujarat to Ayodhya at the instance of Vishva Hindu Parishad to take part in Purnahuti Maha Yagna. On 25 February 2002, 2000 – 2200 Ramsevaks boarded Sabarmati Express which was Ahmedabad bound.^[9] On 27 February 2002, the train made its' scheduled stop at Godhra, about 4 hours late, at 7:43 am. As the train started leaving the platform, someone pulled the emergency chain and it stopped near the signal point. The train was attacked by a mob of around 2000 people.^[9] According to J Mahapatra, additional director general of Gujarat police, "miscreants had kept the petrol-soaked rags ready for use much before the train had arrived at the Godhra".^[16]

The Nanavati-Mehta Commission, the official commission appointed to investigate the incident concluded^[17] that Maulvi Husain Haji Ibrahim Umarji, an influential cleric, a social worker ^[18] planned the attack on the Sabarmati Express. Umarji was arrested as the “mastermind” of the train burning, basing on a statement made by Jabir Binyamin Behra, a criminal in custody, later during trial he denied giving any such statements.^[19] Later Maulana Umarji was acquitted of all the charges made by the Nanavati - Mehta commission against him in connection with the Godhra train burning incident and was released from prison for lack of evidence.^[1][20] Bilal Haji and Faruk Bhana, Muslim leaders of Godhra had led the mob and prevented fire tenders from reaching the ‘A-Cabin’ where the train was stopped and attacked.^[21] Another councillor Abdul Raheman Dhantiya alias Kankatta was also found to be involved in the stone pelting during the incident.^[22] Committee found few Ghanchi Muslims who used to stay around Godhra railway station as the executors. Petrol was stored in seven or eight 20-litre cans and was kept in the Aman Guest House.^[21]

The Prevention of Terrorism Ordinance was invoked against all the accused^[when?] which was later suspended due to pressure from the Central government. In May 2003, first charge sheet was filed against 54 accused, but they were not charged under Prevention of Terrorism Act (POTO became an Act as it was cleared by Parliament). In February 2003, POTA was re-invoked against all the accused after BJP was elected in the elections again.^[23]

In November 2003, Supreme Court of India put a stay on the trial. In 2004, POTA was repealed after UPA came to power and it decided to review the invocation POTA against the accused. In May 2005, POTA review commission opined not to charge the accused under POTA. This was later unsuccessfully challenged by a kin of the victim before the Gujarat High Court and later on appeal before Supreme Court. In September 2008, Nanavati Commission submitted its report on the incident.^[23] In 2009, after accepting the report of the Special Investigation Team (SIT) appointed by it, the court appointed a special fast-track court to try the case along with 5 other fast track courts established to try the post-incident riots. The bench hearing the case also said that public prosecutors should be appointed in consultation with the SIT chairman. It ordered that the SIT shall be nodal agency for deciding about witness protection and also asked it file supplementary charge sheets and that it may cancel the bail of the accused.^[24] More than 100 people were arrested in relation to the incident. The court was set up inside the Sabarmati Central Jail, where almost all of the accused were confined. The hearing began in May 2009.^[25] Additional Sessions Judge P R Patel was designated to hear the case. According to the chargesheet filed by the SIT, 59 people were killed in the S-6 coach of Sabarmati Express when an unidentified mob of around 900 to 1,000 people attacked it near Godhra railway station.^[26] Initially 107 people were charged, of which five died during the pendency of the case. Eight others were juveniles, who were tried by a separate court. As many as 253 witnesses were examined during the trial and over items of 1500 documentary evidences were presented to the court.^[27]

In May 2010, Supreme Court restrained the trial courts from pronouncing judgement in nine sensitive riot cases, including Godhra train incident. The trial was completed in September 2010; however, the verdict could not be delivered because of the Supreme Court stay.^[27] The stay was lifted in January 2011 and the judge announced that he shall pronounce the judgement on 22 February 2011.^[23]

On February 2011, the trial court convicted 31 people and acquitted 63 others, saying the incident was a “pre-planned conspiracy". The convictions were based on murder and conspiracy provisions of the Sections 302 and 120B of the Indian Penal Code respectively and under Sections 149, 307, 323, 324, 325, 326, 332, 395, 397, and 436 of the Code and some sections of the Railway Act and Police Act.^[26] The death penalty was awarded to 11 convicts, particularly those it believed were present at a meeting, held the previous night, where the conspiracy was formed, and those who, the court said, had actually entered the coach and poured petrol before setting it afire. Twenty were sentenced to life imprisonment.^[11][28]

Maulvi Saeed Umarji, who was believed by the SIT to be the prime accused, was acquitted^[26] along with 62 other accused for lack of evidence.^[29] The convicted filed appeals in the Gujarat High Court. The state government also challenged the trial court's decision to acquit 61 persons in the High Court and sought death sentences for 20 convicts awarded life imprisonment in the case.^[30]

BJP spokesperson Shahnawaz Hussain stated, "The theory propagated by the (central) government and some NGOs (Non-Governmental Organization) has been proved wrong...."^[31] Law Minister Veerappa Moily (a Congress Party member) said it was premature to comment and that the courts will take their own course.^[32][33] R K Raghavan, who was the head of the Special Investigating Team, said he was satisfied with the verdict. BJP spokesperson, Ravi Shankar Prasad said the verdict had exposed the nefarious designs of the UPA government which tried to cover up the entire episode.^[32]

On 6 March 2002 the Gujarat government first set up a commission of inquiry headed by retired Gujarat High Court judge K G Shah to investigate the incident and submit a report in three months.^[34] Following criticism from victims' organisations, activists and political parties over Shah's role as Government's pleader and demand for appointment of a Supreme Court judge to the commission, the government reconstituted the commission into a two member committee in public interest, appointing retired Supreme Court judge, G T Nanavati to lead the commission.^[35][36] (This commission became known as the Nanavati commission.) Shah died during the course of the probe and the Gujarat High Court then appointed retired judge Akshay Kumar Mehta on 6 April 2008.^[37] The commission, during its six-year probe, examined more than 40,000 applications and testimonies of more than 1,000 witnesses.^[38]

In September 2008, the commission submitted its report and it seconded the conspiracy theory, originally propounded by the Gujarat police.^[21] The commission based its decision on the acquisition of 140 litres of petrol hours before the arrival of the train and the storage of the said petrol at the alleged key conspirator's, Razzak Kurkur, guest house. This was further corroborated by forensic evidence showing fuel was poured on the train compartment before being burnt.^[21] It concluded that the train was attacked by thousands of Muslims of Signal Falia area.^[39][40]

The alleged mastermind was said to be the cleric Maulvi Husain Haji Ibrahim Umarji and a dismissed Central Reserve Police Force officer named Nanumiyan, from Assam, who had instigated the Muslim crowds. Furthermore, two Kashmiris, Gulamnabi and Ali Mohammed, were in the same guesthouse for a fortnight prior to the event speaking about the Kashmir liberation movement.^[21]

The Communist Party of India (Marxist) and the Indian National Congress party both objected to the exoneration of the Gujarat government by the commission citing the timing of the report (with general elections months away) as evident of unfairness. Congress spokesperson Veerappa Moily commented at the strange absolvement of the Gujarat government for complacency for the carnage before bringing out commission's second report. CPI(M) said the report reinforced communal prejudices.^[41][42]

The term of the commission has been extended from time to time. It was extended for ninetieth time in December 2012 for a term of six months till 30 June 2013.^[43]

On 17 May 2004, two and half years after the incident, Lalu Prasad Yadav, became railway minister. In September 2004, Yadav appointed former Supreme Court Justice Umesh Chandra Banerjee to investigate the incident. In January 2005, two days before election in Lalu Prasad's native Bihar state, Banerjee concluded that the fire was accidental.

Banerjee's findings were challenged by Neelkanth Tulsidas Bhatia who was injured in the incident. In October 2006, the Gujarat High Court quashed the conclusions of Banerjee and ruled that the investigation was "unconstitutional, illegal and null and void", and declared its formation as a "colourable exercise of power with mala fide intentions", and its argument of accidental fire "opposed to the prima facie accepted facts on record.".^{[44][45][46][47][48][49]}

• Chand Bujh Gaya, a 2005 film, narrates the riots and Godhra train burning incident.^[50]
• 2013 film Kai Po Che had the backdrop of 2002 Gujarat violence which also deals with train burning incident. The film was based on the novel The 3 Mistakes of My Life written by Chetan Bhagat depicting the same.

• Religious violence in India
• Dabgarwad Massacre
• Best Bakery case