India: CJP Update on Gulberg Trial in Special Sessions Court and Naroda Appeal in the Gujarat HC

From: Teesta Setalvad
Fri, Mar 27, 2015 at 6:51 PM

Dear All,

Updates on two ongoing cases today. Gulberg Trial still at the Special Sessions Court stage (will do a more detailed update soon--SIT delayed the trial for over two years refusing to give us (Survivors +CJP) critical documents that reveal the role of senior police officers, then CP PC Pandey, then Joint CP MK Tandon then DCP Gondia and Chudasama.)

The trial resumed a few weeks ago in the Trial Court (the fourth Judge is now hearing the trial. Final arguments are on. Our arguments under section 319 are being led by adv SM Vohra (in January 2010, senior Mihir Desai had made these very same arguments before the first judge BU Joshi that we had to seek transfer of the case away from after his behaviour towards the Survivors was very offensive--for the transfer we had to go up to the SC !!!--it took over 18 months!!!!)

Even today I received a call from Vohrasaab saying how the SIT was trying to mislead the lower Court saying that SC had agreed to a mere departmental inquiry into the role of these officers. This is simply not true. The SC has left the issue of culpability to the lower courts. So now we have to bring this to the notice of the Sessions court!!

It is a harrowing battle that requires daily monitoring and a united team. I sometimes wonder how we do it. It would not be possible without the wonderful team we have in Mumbai and Ahmedabad.

Meanwhile the man who even today appears as SIT special PP, RC Kodekar has been conveniently appointed a special PP by the state of Gujarat. The woman lawyer who appeared fist for Raees Khan Pathan in the Gujarat HC, then for the state of Gujarat opposing Javed and my ABA, Manisha Luvkumari has also today been appointed as special public prosecutor by the state of Gujarat. Please see

http://www.khaleejtimes.com/kt-article-display-1.asp?xfile=data/international/2015/March/international_March495.xml§ion=international

Teesta

p.s. Below is a newsclipping on the Patia case (I had sent a detailed update yesterday). Monday the case resumes at the Gujarat HC and activists presence in the Court, lawyers presence as also monitoring by HUMAN RIGHTS groups would be great.

http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=Pande-Gondias-inaction-led-to-Gulbarg-killings-27032015005063

Mar 27 2015 : The Times of India (Ahmedabad)

`Pande, Gondia's inaction led to Gulbarg killings'

Ahmedabad:

TIMES NEWS NETWORK

The victim-witnesses of Gulbarg Society massacre case stated before the special SIT court on Thursday that dereliction of duty on the part of then police commissioner P C Pande and then DCP P B Gondia had resulted in the murder of 69 persons at the housing society during the riots of 2002.The witnesses have demanded that Pande, Gondia, then joint police commissioner M K Tandon, and former investigator S S Chudasama be made accused in the massacre case. They had filed a petition under section 319 of the CrPC on basis of evidence that had come on record during the trial.

The lawyer of the victims, S M Vora, submitted that Pande and three others did not take sufficient action to protect lives. He cited call details to assert that Pande had remained in his office at Shahibaug from 11 am to 6 pm while the killings had occurred between 3 and 5 pm.Pande had inputs from the Intelligence Bureau, but he did not act or send any police reinforcements to protect lives, the lawyer said.

Advocate Vora claimed that Gondia had kept sending false messages to police control room saying that they were running out of weapons and cartridges.On the contrary , evidence suggests that they had enough weapons to control the crowd, the lawyer said. Gondia had sought additional cartridges but each policeman with him had had 50 cartridges along with a .303 rifle, the lawyer submitted.

The SIT will reply to this on Friday . Sixty-nine persons were killed at Gulbarg Society on February 28, 2002.

http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=High-court-begins-hearing-appeals-in-Naroda-Patia-27032015005058

Mar 27 2015 : The Times of India (Ahmedabad), Ahmedabad: TIMES NEWS NETWORK

High court begins hearing appeals in Naroda Patia case

Amid protests from the victim-survivors that the bench headed by Justice Ravi Tripathi should not hear the Naroda Patia massacre case, Gujarat high court on Thursday started hearing the appeals against the conviction in this post-Godhra massacre case.There are nearly 100 appeals which include appeals against conviction of 32 persons, including former minister Maya Kodnani, to life imprisonment.The prosecuting agency ­ the Supreme Court-appointed SIT ­ has also sought enhancement of punishment in several cases except Kodnani and questioned the acquittal of 29 persons.Moreover, the victims too have questioned the acquittal of the 29 accused persons.

As the HC began hearing, senior counsel Nirupam Nanavati initiated arguments and read out statements of 11 witnesses, who named Kodnani in this case. The lawyer also highlight ed the contradictions in statements. He even gave consent to the application for intervention filed by victim-witnesses.

Further hearing was kept on Monday .

Ninety-seven persons, mostly women and children, lost their lives on February 28, 2002.For this massacre, 32 persons were convicted to life imprisonment by special SIT court in August 2012, while 29 others were acquitted. When the HC granted bail to Kodnani last year, the order was challenged before the SC by a witness. The apex court ordered the HC to hear the appeals expeditiously and complete them within six months.

Accordingly , the hearing was put on fast track and the bench of Justice Tripathi and Justice R D Kothari fixed March 23 to begin final hearing. This led some witnesses make a representation before the acting chief justice on Wednesday to transfer the case to some other bench.

http://indianexpress.com/article/cities/ahmedabad/naroda-patiya-trial-was-conducted-against-me/99/

Naroda Patiya : ‘Trial was conducted against me’

By: Express News Service | Ahmedabad | Published on:March 27, 2015 2:17 am

The Gujarat High Court on Thursday started hearing the petition of former minister Maya Kodnani challenging the trial court’s order that sentenced her to life imprisonment in 2012 in Naroda Patiya massacre case. The argument was centered around the conspiracy part involving Kodnani as “kingpin” of the massacre.

All 31 convicts have appealed against the sentence but her petition was taken up on priority given the Supreme Court order that the court expedite her petition.

Appearing for Kodnani senior counsel Nirupam Nanavati argued that the trial court had based its conclusion on the former minister on “presumption and assumption.”

He said that there are in all 11 witnesses whose statements, including eye witnesses implicate Kodnani out of a total of 327 who were examined in the trial court. Nanavati pointed out that there are two contradictory versions stated by the 11 witnesses. One set of witnesses have said that Kodnani was at Noorani Masjid, Naroda Patiya locality at around 9 am who came there in a white Maruti car and stayed for roughly 30 minutes.

They have said that Kodnani interacted with crowd and instigated them. Some witnesses have said that she was seen near Natraj Hotel at around 11 am. The Special Investigation Team (SIT) charge sheet records her presence at 11 pm.

“In the morning of February 28, 2002 she was present at state legislative assembly representing Naroda. And 8:40 am, as per record, condolence resolution was passed and assembly was adjourned. At Sola Civil Hospital dead bodies from Godhra (of those who died in Sabarmati Express train carnage case) had been kept. She came to Sola since certain people who died were from Naroda. The prosecution case is that at 9 am she was at Noorani Masjid.”

Citing trial court’s judgment Nanavati said that “The judge says because I am an MLA and interacted with persons, addressed in high pitched voice and I hatched a conspiracy with 20,000 people.

But nobody knows what exactly I talked.” Nanavati told the court that the trial judge believed some part of statements of witnesses and some part of the same witnesses was rejected.He argued that the trial court appreciated statements that Kodnani was present at the spot and instigated the mob but it refused to believe statements that said that she distributed weapons kept in the boot of her car.

The court also refused to believe witnesses who had testified that she even opened fire. Nanavati said that while describing Kodnani as “kingpin” the trial court has used words like “probability, assumption and presumption.” Nanavati also criticized the Supreme Court-appointed SIT that investigated the case saying that “as a prosecutor the SIT suppressed material and omitted facts to get conviction instead of revealing the truth before the trial court.”

Nanavati cited a Supreme Court judgment saying that a public prosecutor’s job is not merely getting the accused convicted but to come to a truthful conclusion even if it favours the accused. “The SIT during the trial dropped statements of several witnesses since they have stated that I (Kodnani) was never there on the spot. Their names were dropped from the list of witnesses to secure conviction. This is not the prosecution’s case. They can’t do it, as per the Supreme Court order,” Nanavati said.

”My presence at Noorani Masjid is not believable since the crowd of other community was already there and there was tension. It wasn’t safe for me. It was easy to identify me since I used to wear white clothes and drove in white Maruti car.

There is no circumstantial evidence proving the conspiracy. My coming to the spot is the only circumstantial evidence, no mobile details, no other evidence connects me to the so-called conspiracy. The conspiracy should have been prior to the actual offence that took place,” Nanavati said adding that the statement of Kodnani’s security guard was taken, that also didn’t say that there a prior meeting for conspiracy.

Before the hearing could start Mumbai-based lawyer Mihir Desai, representing victims, told the division bench headed by justice Ravi R Tripathi that there is an application for recusal, justice Tripathi said, “We do not entertain such applications.” Desai’s statement was based on a note given to acting Chief Justice VM Sahai and Registrar General where it was said that the case should be transferred to other bench since justice Tripathi had recused himself in a connected matter in the past.

http://www.dnaindia.com/india/report-naroda-patiya-case-hc-starts-hearing-appeals-of-convicts-2072298

Naroda Patiya case: HC starts hearing appeals of convicts

Friday, 27 March 2015 - 10:22am IST | Place: Ahmedabad | Agency: PTI

The Gujarat High Court on Thursday commenced hearing on the appeals filed by 31 convicts of the Naroda Patiya riot case of 2002, who have challenged their conviction by a special trial court in August 2013.

The Gujarat High Court on Thursday commenced hearing on the appeals filed by 31 convicts of the Naroda Patiya riot case of 2002, who have challenged their conviction by a special trial court in August 2013.

A two-judge bench, headed by Justice Ravi Tripathi and Justice R D Kothari, heard the contentions of one of the convicts and former state minister Maya Kodnani. Kodnani's counsel N D Nanavati argued the trial court had erred in the judgement by believing in the testimonies of 11 witnesses whose statements he said are replete with contradictions. There is no substantial evidence against Kodnani, which can lead to her conviction, said Nanavati.

A special trial court had on August 30, 2012 awarded life imprisonment to Kodnani, Bajrang Dal leader Babu Bajrangi and 29 others for killings and hatching a criminal conspiracy.

There are around 100 appeals in the case, including those of the convicts and of the Supreme Court-appointed Special Investigation Team (SIT), besides those of the survivors who have sought enhancement of punishment of the convicts. The hearing is likely to continue on Monday.

As many as 84 survivors of Naroda patiya riot case had on Wednesday written a letter to the acting chief justice of the High Court to change the division bench headed by justice Ravi Tripathi. The HC had last month decided to expedite the hearing of appeals in the case. 97 people belonging to the minority community were killed in the massacre that took place a day after the Godhra train burning incident of February 27, 2002.

http://thefirstmail.in/news/news-details/59404-naroda_patiya_case_hc_starts_hearing_appeals_of_convicts

Naroda Patiya case: HC starts hearing appeals of convicts

Posted On : 27 Mar, 2015 Source : PTI Place : Ahmedabad

The Gujarat High Court on Thursday commenced hearing on the appeals filed by 31 convicts of the Naroda Patiya riot case of 2002, who have challenged their conviction by a special trial court in August 2013. A two-judge bench, headed by Justice Ravi Tripathi and Justice R D Kothari, heard the contentions of one of the convicts and former state minister Maya Kodnani.

Kodnani's counsel N D Nanavati argued the trial court had erred in the judgement by believing in the testimonies of 11 witnesses whose statements he said are replete with contradictions. There is no substantial evidence against Kodnani, which can lead to her conviction, said Nanavati.

A special trial court had on August 30, 2012 awarded life imprisonment to Kodnani, Bajrang Dal leader Babu Bajrangi and 29 others for killings and hatching a criminal conspiracy. There are around 100 appeals in the case, including those of the convicts and of the Supreme Court-appointed Special Investigation Team (SIT), besides those of the survivors who have sought enhancement of punishment of the convicts.

The hearing is likely to continue on Monday.

As many as 84 survivors of Naroda patiya riot case had yesterday written a letter to the acting chief justice of the High Court to change the division bench headed by justice Ravi Tripathi. The HC had last month decided to expedite the hearing of appeals in the case.
97 people belonging to the minority community were killed in the massacre that took place a day after the Godhra train burning incident of February 27, 2002

http://in.shafaqna.com/EN/IN/101134-Naroda-Patiya-case-HC-starts-hearing-appeals-of-convicts

Naroda Patiya case: HC starts hearing appeals of convicts

Friday 27 March 2015

The Gujarat High Court today commenced hearing on the appeals filed by 31 convicts of the Naroda Patiya riot case of 2002, who have challenged their conviction by a special trial court in August 2013. A two-judge bench, headed by Justice Ravi Tripathi and Justice R D Kothari, heard the contentions of one of the convicts and former state minister Maya Kodnani. Kodnani s counsel N D Nanavati argued the trial court had erred in the judgement by believing in the testimonies of 11 witnesses whose statements he said are replete with contradictions. There is no substantial evidence against Kodnani, which can lead to her conviction, said Nanavati. A special trial court had on August 30, 2012 awarded life imprisonment to Kodnani, Bajrang Dal leader Babu Bajrangi and 29 others for killings and hatching a criminal conspiracy. There are around 100 appeals in the case, including those of the convicts and of the Supreme Court-appointed Special Investigation Team (SIT), besides those of the ... The Gujarat High Court today commenced hearing on the appeals filed by 31 convicts of the Naroda Patiya riot case of 2002, who have challenged their conviction by a special trial court in August 2013.

A two-judge bench, headed by Justice Ravi Tripathi and Justice R D Kothari, heard the contentions of one of the convicts and former state minister Maya Kodnani. Kodnani s counsel N D Nanavati argued the trial court had erred in the judgement by believing in the testimonies of 11 witnesses whose statements he said are replete with contradictions. There is no substantial evidence against Kodnani, which can lead to her conviction, said Nanavati.

A special trial court had on August 30, 2012 awarded life imprisonment to Kodnani, Bajrang Dal leader Babu Bajrangi and 29 others for killings and hatching a criminal conspiracy. There are around 100 appeals in the case, including those of the convicts and of the Supreme Court-appointed Special Investigation Team (SIT), besides those of the survivors who have sought enhancement of punishment of the convicts.

The hearing is likely to continue on Monday.

As many as 84 survivors of Naroda patiya riot case had yesterday written a letter to the acting chief justice of the High Court to change the division bench headed by justice Ravi Tripathi. The HC had last month decided to expedite the hearing of appeals in the case. 97 people belonging to the minority community were killed in the massacre that took place a day after the Godhra train burning incident of February 27, 2002.