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{{Short description|2002 rail transport fire in Gujarat, India}} | |||
{{Infobox civil conflict | |||
{{Use Indian English|date=April 2017}} | |||
| title = Godhra train burning | |||
{{Use dmy dates|date=April 2024}} | |||
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{{Infobox civilian attack | |||
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| title = Godhra train burning | ||
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| coordinates = {{coord|22|45|47.53|N|73|36|21.58|E|type:adm3rd_region:IN_dim:50km|display=inline,title}} | |||
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| methods = Arson<ref>{{cite news| url=http://www.telegraphindia.com/1110302/jsp/nation/story_13656062.jsp | location=Calcutta, India | work=The Telegraph | title=Death for 11 in Godhra train burning case | date=2 March 2011}}</ref> | |||
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| location = ], ], India | ||
| target = ] ] returning from ] | |||
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| coordinates = {{coord|22|46|41|N|73|35|52|E|region:IN|display=inline,title}} | |||
| leadfigures1 = | |||
| date = 27 February 2002 | |||
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| time = 7:43 a.m. | |||
| leadfigures3 = | |||
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| fatalities = 59 | ||
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| injuries = 48}} | ||
{{Violence against Hindus in independent India}} | |||
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The '''Godhra train burning''' occurred on the morning of 27 February 2002, when 59 ] pilgrims and '']'' returning from ] were killed in a fire inside the ] near the ] railway station in ], India.<ref name="BBC 2011">{{cite news |url=https://www.bbc.co.uk/news/world-south-asia-12605659 |work=BBC News |title=Eleven sentenced to death for India Godhra train blaze |date=1 March 2011 |access-date=20 June 2018 |archive-date=24 June 2014 |archive-url=https://web.archive.org/web/20140624025021/http://www.bbc.co.uk/news/world-south-asia-12605659 |url-status=live }}</ref> The cause of the fire remains disputed.<ref name=":0">{{Cite book |last=Metcalf |first=Barbara D. |url=http://apnaorg.com/books/english/concise-history-india/concise-history-india.pdf |title=A Concise History of India |publisher=Cambridge University Press |year=2012 |isbn=978-1107026490 |pages=299–300 |access-date=30 March 2020 |archive-url=https://web.archive.org/web/20200429225106/http://apnaorg.com/books/english/concise-history-india/concise-history-india.pdf |archive-date=29 April 2020 |url-status=live}}: "The cause of the initial fire has not been determined, but it was almost certainly not deliberately set by Muslims on the station platform, as Hindus frequently alleged."</ref><ref name=":1">{{Cite book |last=Ghassem-Fachandi |first=Parvis |title=Pogrom in Gujarat: Hindu Nationalism and Anti-Muslim Violence in India |publisher=Princeton University Press |year=2012 |isbn=978-0-691-15176-2 |pages=31–33, 93–100 |quote=There are competing versions as to how exactly the fire started in the train bogies. While the Nanavati commission of inquiry (NCI), instated soon after the Gujarat pogrom and completed in 2008, declared that the fire in the train bogies was a premeditated act by Muslim conspirators, the Banerjee commission, instated in 2004, questioned the theory of premeditation and called the incident an accident. The Gujarat High Court ruled the latter commission illegal in 2006. Both commissions of inquiry are regularly derided as "politically motivated" by respective opposing political constituencies. Uncertainties surrounding the incident remain.}}</ref><ref name=":2">{{Cite book |last=Jaffrelot |first=Christophe |title=Modi's India: Hindu nationalism and the rise of ethnic democracy |publisher=Princeton University Press |year=2021 |isbn=9780691206806 |pages=39, 476 |language=en |quote=Hundreds of Muslims then allegedly attacked with stones and torches, particularly the two wagons where the fifty-nine victims were found. The facts must be stated with caution here, because expert reports and counter reports have continued to contradict each other ever since The idea that the attack was "pre-planned" has never been substantiated by the slightest piece of evidence.}}</ref> The ], during which ] of widespread and severe violence, took place shortly afterward.<ref name=":1" /> | |||
| casualties1 = '''Deaths''': 58 <br>'''Injuries''':48 | |||
| casualties2 = | |||
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The ], appointed by the state government in the immediate aftermath of the event, concluded in 2008 that the burning was a pre-planned act of arson committed by a thousand-strong Muslim mob.<ref name="NDTV 2011" /> In contrast, the Banerjee Commission, a one-member panel instituted in 2004 by then Rail Minister ] of the ], characterized the fire as an accident in its 2006 report.<ref>{{Cite web |date=4 March 2006|title=Godhra train fire accidental: Banerjee report |url=https://timesofindia.indiatimes.com/india/godhra-train-fire-accidental-banerjee-report/articleshow/1437742.cms |access-date=2023-01-26 |website=The Times of India |language=en}}</ref> However, the Gujarat High Court later ruled that the commission's appointment was unconstitutional and quashed all its findings.<ref>{{Cite web |date=2006-10-14 |title=HC terms Sabarmati Express panel illegal |url=https://www.financialexpress.com/archive/hc-terms-sabarmati-express-panel-illegal/180656/ |access-date=2023-01-26 |website=The Financial Express |language=en-US}}</ref> An independent investigation by a non-governmental organization also supported the theory that the fire was accidental.<ref>{{Cite web |date=2005-02-10 |title=More light on Godhra fire |url=https://frontline.thehindu.com/the-nation/article30203493.ece |access-date=2023-01-26 |website=frontline.thehindu.com |language=en}}</ref> Scholars remain skeptical about the claims of arson.<ref name=":0" /><ref name=":2" /><ref>{{Cite book |last=Narula |first=Smita |title=Hinduism and Law: An Introduction |publisher=Cambridge University Press |year=2010 |isbn=978-0-521-88786-1 |editor-last=Lubin |editor-first=Timothy |pages=247 |chapter=Law and Hindu nationalist movements |quote=Because the fire was immediately preceded by a skirmish between the Hindu passengers and Muslims at the train station, the police – despite a lack of hard evidence – proceeded on the assumption that the fire was the result of a Muslim conspiracy. |editor-last2=Davis, Jr. |editor-first2=Donald R. |editor-last3=Krishnan |editor-first3=Jayanth K.}}</ref> | |||
In February 2011, the trial court convicted 31 Muslims for the train burning, relying heavily on the Nanavati-Mehta Commission report as evidence.<ref>{{Cite web |date=2011-03-24 |title=Guilty verdict |url=https://frontline.thehindu.com/the-nation/article30174816.ece |access-date=2023-01-26 |website=frontline.thehindu.com |language=en}}</ref> In October 2017, the Gujarat High Court upheld the convictions.<ref>{{cite news|url=http://www.livelaw.in/godhra-train-carnage-gujarat-hc-commutes-death-penalty-11-convicts-awards-10-lakh-compensation-victims-kin-read-judgment/|title=Godhra Train Carnage: Gujarat HC Commutes Death Penalty Of 11 Convicts; Awards 10 Lakh Compensation To Victims' Kin|first=Apoorva|last=Mandhani|date=11 October 2017|access-date=1 June 2018}}</ref> | |||
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 were burnt to death in a fire inside the ] train near the ] railway station in the Indian state of ].<ref>{{cite news| url=http://articles.timesofindia.indiatimes.com/2011-03-01/india/28643060_1_haji-billa-godhra-train-rajjak-kurkur |work=The Times of India | title=Death for 11, life sentence for 20 in Godhra train burning case | date=1 March 2011}}</ref> Many of the people killed were ] ] and activists who were returning from the holy city of ].<ref>{{cite news| url=http://www.bbc.co.uk/news/world-south-asia-12605659 |publisher=BBC News | title=Eleven sentenced to death for India Godhra train blaze | date=1 March 2011}}</ref><ref>{{cite news | title = Gujarat riot death toll revealed |publisher=BBC News |date=11 May 2005|url=http://news.bbc.co.uk/2/hi/south_asia/4536199.stm}}</ref> Investigations and court rulings on the case later established that the fire was caused by arson by a mob of 2,000 people<ref name=rediff1/> comprised mainly of ]s<ref name="Guardian-verdict"/><ref name=BBC1>{{cite news|title=India Godhra train blaze verdict: 31 convicted|url=http://www.bbc.co.uk/news/world-south-asia-12534127|accessdate=22 May 2013|publisher=BBC|date=22 February 2011}}</ref> and later a special fast track court convicted 31 Muslims for the incident and the conspiracy for the crime.<ref name="Guardian-verdict">{{cite news|url=http://www.guardian.co.uk/world/2011/feb/22/godhra-train-fire-verdict|title=Godhra train fire verdict prompts tight security measures|date=22 February 2011|accessdate=24 February 2011|location=London|work=The Guardian |first=Jason|last=Burke}}</ref><ref name="Times of India-Verdict">{{cite news|url=http://timesofindia.indiatimes.com/india/Godhra-verdict-31-convicted-in-Sabarmati-Express-burning-case/articleshow/7543495.cms|title=Godhra verdict: 31 convicted in Sabarmati Express burning case|date=22 February 2011|accessdate=24 February 2011|work=The Times of India }}</ref><ref name=BBC1 /><ref name=Hindu1>{{cite news|title=It was not a random attack on S-6 but kar sevaks were targeted, says judge|url=http://www.thehindu.com/news/national/article1513008.ece|accessdate=22 May 2013|newspaper=]|date=6 March 2011}}</ref> | |||
==27 February 2002 incident== | |||
This incident triggered communal ], resulting in deaths of 790 Muslims and 254 Hindus as well as widespread loss of property, and homelessness.<ref>These figures were reported to the Rajya Sabha by the Union Minister of State for Home Affairs Sriprakash Jaiswal in May 2005. {{cite news | title = Gujarat riot death toll revealed | publisher = BBC News |date=11 May 2005| url = http://news.bbc.co.uk/2/hi/south_asia/4536199.stm|archiveurl = http://web.archive.org/web/20090226131020/http://news.indiainfo.com/2005/05/11/1105godhra-rs.html |archivedate = 26 February 2009|deadurl=yes}} {{cite news | title = BJP cites govt statistics to defend Modi | author = PTI | publisher = ExpressIndia |date=12 May 2005 | url = http://www.expressindia.com/fullstory.php?newsid=46626 |archiveurl = http://web.archive.org/web/20090226131020/http://news.indiainfo.com/2005/05/11/1105godhra-rs.html |archivedate = 26 February 2009|deadurl=yes}} {{cite news | title = 254 Hindus, 790 Muslims killed in post-Godhra riots | author = PTI | publisher = Indiainfo.com |date=11 May 2005 | url = http://news.indiainfo.com/2005/05/11/1105godhra-rs.html|archiveurl = http://web.archive.org/web/20090226131020/http://news.indiainfo.com/2005/05/11/1105godhra-rs.html |archivedate = 26 February 2009|deadurl=yes}}</ref> | |||
] | |||
In February 2002, thousands of devotees of ] (known as "Ramsevaks" or "]s") traveled from ] to ] at the behest of the ] to participate in a ceremony called the Purnahuti Maha Yagna. On 25 February, 1,700 people, a mix of pilgrims and karsevaks, boarded the ], which was bound for ].<ref name=rediff1>{{cite news|title=Fifty-eight killed in attack on Sabarmati Express |url=http://www.rediff.co.in/news/2002/feb/27train2.htm|access-date=11 May 2013|newspaper=Rediff|date=27 February 2002}}</ref> On 27 February 2002, the train made a scheduled stop at Godhra around four hours late, at 7:43 am. As the train began to leave the platform, someone pulled the ], causing it to stop near the signal point. The train driver later stated that the brake chain had been pulled multiple times, as indicated by the instruments in his cabin.<ref name=driver>{{cite news|title=Sabarmati Express drivers appear before panel |url=https://timesofindia.indiatimes.com/city/ahmedabad/Sabarmati-Express-drivers-appear-before-panel/articleshow/16403277.cms|archive-url=https://web.archive.org/web/20131203051951/http://articles.timesofindia.indiatimes.com/2002-07-19/ahmedabad/27297556_1_assistant-driver-mukesh-pachauri-train|url-status=live|archive-date=3 December 2013|access-date=30 November 2013|newspaper=] |date=16 July 2002}}</ref> | |||
According to one narrative, the train was attacked by a mob of around 2,000 people. After some stone-pelting, four train coaches were set on fire, trapping many people inside. Fifty-nine people, including 27 women and 10 children, were burned to death, while 48 others were injured.<ref>{{cite news|title=What is the 2002 Godhra train burning case?|url=https://indianexpress.com/article/what-is/what-is-godhra-case-gujarat-riots-sabarmati-express-narendra-modi-4881537/|website=The Indian Express|date=9 October 2017|access-date=9 January 2024}}</ref> J. Mahapatra, the ] of ] Police, stated that "miscreants had kept petrol-soaked rags ready for use much before the train had arrived at ]."<ref>{{cite news |last=Singh |first=Onkar |title=No women kidnapped in Godhra: Police |url=http://www.rediff.com/news/2002/mar/06train1.htm |access-date=6 April 2014 |newspaper=Rediff |date=7 March 2002}}</ref> In September 2008, the ] submitted the first part of its report, which concluded that the burning of the S-6 coach of the Sabarmati Express near ] railway station was a "planned conspiracy."<ref>{{cite web | url=https://indianexpress.com/article/india/gujarat/nanavati-commission-submits-final-report-on-2002-gujarat-riots/?SocialMedia | title=2002 Gujarat riots: Nanavati Commission submits final report to Anandiben Patel | date=18 November 2014 }}</ref><ref>{{cite news | url=https://timesofindia.indiatimes.com/india/Nanavati-panels-final-report-in-July/articleshow/35740740.cms | title=Nanavati panel's final report in July | India News – Times of India | website=] | date=30 May 2014 }}</ref> | |||
==Riot Background== | |||
] has a long history of riots between the Hindu and Muslim communities going all the way back to ].<ref>, Frontline, Volume 19 – Issue 06, PRAVEEN SWAMI, 16–29 Mar 2002, ''The Hindu''</ref> 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.<ref>, 30 Apr 2002, JANYALA SREENIVAS, AHMEDABAD, ''The Indian Express''</ref><ref name=tewatia-ii /> | |||
The cause of the fire remains disputed.<ref name=":0" /> In 2003, the Concerned Citizens Tribunal concluded that the fire had been an accident.<ref>{{Cite web |title=Genocide in Gujarat: Patterns of violence |url=http://www.humanrights.asia/resources/journals-magazines/article2/focus-the-international-criminal-court/genocide-in-gujarat-patterns-of-violence/ |archive-url=https://web.archive.org/web/20210227053831/http://www.humanrights.asia/resources/journals-magazines/article2/0201/genocide-in-gujarat-patterns-of-violence/ |archive-date=27 February 2021 |access-date=2022-08-31 |website=Asian Human Rights Commission |language=en-US}}</ref><ref>{{Cite web |title=Godhra |url=https://www.outlookindia.com/website/story/godhra/218036 |url-status=live |archive-url=https://web.archive.org/web/20220805184558/https://www.outlookindia.com/website/story/godhra/218036/amp |archive-date=5 August 2022 |access-date=2022-08-31 |website=Outlook India|date=3 February 2022 }}</ref><ref>{{Cite web |title=Crime Against Humanity |url=https://www.sabrang.com/tribunal/tribunal2.pdf |url-status=live |archive-url=https://web.archive.org/web/20220101165159/https://www.sabrang.com/tribunal/tribunal2.pdf |archive-date=1 January 2022 |access-date=2022-08-31}}</ref> | |||
==Attack== | |||
] | |||
In February 2002, thousands of Ramsevaks had gone from Gujarat to ] at the instance of ] to take part in ''Purnahuti Maha Yagna''. On 25 February 2002, 2000 – 2200 Ramsevaks boarded Sabarmati Express which was ] bound.<ref name=nanavaticomreport>{{cite web|title=Report by The Commission of Inquiry Consisting of Mr. Justice G.T. Nanavati And Mr. Justice Akshay H. Mehta — Part I|url=http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf|publisher=Government of Gujarat|accessdate=11 May 2013|location=Ahmedabad|date=18|month=September|year=2008}}</ref><ref name=rediff1>{{cite news|title=Fifty-eight killed in attack on Sabarmati Express|url=http://www.rediff.co.in/news/2002/feb/27train2.htm|accessdate=11 May 2013|newspaper=Rediff|date=27 February 2002}}</ref> On 27 February 2002, train made its scheduled stop at ] about 4 hours late, at 7:43 am. Some altercation took place between a few activists of Bajrang Dal/VHP (who were travelling in the train) and a few Muslim hawkers (who were selling eatables in the train) on the issue of payment etc.<ref name=nanavaticomreport /> As the train started leaving the platform, someone pulled the emergency chain and it came to a halt near the signal point and the train was attacked by a mob of around 2000 people.<ref name=rediff1 /> The emergency brake was engaged by members of the mob, bringing the train to a halt. The coupling between the carriages S-6 and S-7 was subsequently cut and the doors of the carriages were locked from outside, preventing the occupants from escaping. The carriages were then set on fire. While the passengers in S-7 managed to extinguish the flames and get out of the compartment, those trapped in S-6 were unable to escape and were burnt to death. The occupants of S-7 were then confronted by the violent mob outside and some were killed.<ref name=BBC1>{{cite news|title=Scores killed in India train attack|url=http://news.bbc.co.uk/2/hi/south_asia/1843591.stm|accessdate=11 May 2013|publisher=]|date=27 February 2013|agency=Associated Press}}</ref> The whole attack lasted about 25 minutes.<ref name=nanavaticomreport /> | |||
A few hours later, at 11:00 am on 27 February 2002, Sabarmati Express passengers and police were attacked for a second time near line number 10 of Godhra railway yard. As a result, seven policemen were injured. Two people were killed in police firing.<ref name=commissionreport>, Ahmedabad, 18 September 2008</ref> | |||
Several independent commentators also concluded that the fire was almost certainly an accident, noting that the initial cause of the blaze was never conclusively determined.<ref>{{Cite book |last1=Metcalf |first1=Barbara D. |url= |title=A Concise History of Modern India |last2=Metcalf |first2=Thomas R. |date=2012-09-24 |publisher=Cambridge University Press |isbn=978-1-107-02649-0 |pages=280 |language=en}}</ref><ref>{{Cite book |last=Clark-Decès |first=Isabelle |url= |title=A Companion to the Anthropology of India |date=2011-02-28 |publisher=Wiley |isbn=978-1-4051-9892-9 |pages=245 |language=en}}</ref> Historian ] stated that the official account of the train attack—that it was organized and carried out by people under orders from Pakistan—was entirely baseless.<ref>{{Cite book |last1=Seiple |first1=Chris |url= |title=The Routledge Handbook of Religion and Security |last2=Hoover |first2=Dennis |last3=Otis |first3=Pauletta |date=2013 |publisher=Routledge |isbn=978-0-415-66744-9 |pages=233 |language=en}}</ref> Scholar ] similarly challenged this narrative, stating that several inquiries found the fire to be the result of an accident rather than a planned conspiracy.<ref>{{Cite book |last=Nussbaum |first=Martha C. |url= |title=The Clash Within: Democracy, Religious Violence, and India's Future |date=2008 |publisher=Harvard University Press |isbn=978-0-674-03059-6 |pages=17–19 |language=en}}</ref> | |||
==Rescue operations== | |||
At the time of the attack, 14 policemen were on duty at the yard. The Railway Police Station is about 826 metres away from the location of the attack. Immediately after train was halted and the attack, train driver reported the matter to Station Master on duty on walkie-talkie and asked for police assistance.<ref name=nanavaticomreport /> Three ] Constables were the first to reach the train.<ref name=commissionreport/> RPF and GRP staff present there started rescuing passengers from burning coach with the help of other passengers. Information was given to the concerned officers immediately about what was happening and as a result thereof the required police force and fire brigade had reached the place of incident within a short time. The higher officers had also rushed to that place. The police had to use force and resort to firing to bring the situation under control. The burnt coach S/6 and the adjoining coach S/7 were separated and were taken to a different place in the yard. The train was then reassembled and it left Godhra at 12.40 pm<ref name=nanavaticomreport /> | |||
Forewarning of the violent incident was also noted. Additional director general of police G. C. Raigar had informed prior to the Godhra train burning that the ] (VHP) activists could instigate communal violence. He was removed from his post after he provided evidence to the media outlets to show that the state could be compromised by VHP activists who were arriving to and from Ayodhya.<ref name="v626">{{cite web | last=Desk | first=Outlook Web | title=Massacres In Godhra And Ahmedabad | website=Outlook India | date=2002-05-01 | url=https://www.outlookindia.com/national/massacres-in-godhra-and-ahmedabad-news-215419 | access-date=2024-10-07}}</ref><ref name="m020">{{cite web | title=VI. THE GODHRA INVESTIGATION | website=Human Rights Watch | date=2002-02-27 | url=https://www.hrw.org/reports/2003/india0703/Gujarat-05.htm | access-date=2024-10-07}}</ref> | |||
==Conspiracy== | |||
Nanavati - Mehta Commission, the official commission appointed to enquire the attack had wrongly concluded that Maulvi Husain Haji Ibrahim Umarji, an influential cleric, planned the attack on the Sabarmati Express. Umarji was a social worker and none of the charges against him in Godhra train burning case was proven and Umarji was acquitted from all charges.<ref>http://www.thehindu.com/opinion/op-ed/he-died-a-broken-man/article4313514.ece</ref>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.<ref name="India 2008" /> Later Firefighter Sureshgiri Gosai also testified that Municipal Councilor Haji Bilal ordered the mob to stop the Fire engine. He further added that while they were trying to extinguish the fire, stones were pelted on the train. The first response team of Godhra Police Mobile Van testified that Municipal President Mohamad Kalota and municipal councillor Haji Bilal were part of the mob and were inciting them.<ref name=commissionreport/> Another councillor Abdul Raheman Dhantiya ''alias'' Kankatta was also found to be involved in the stone pelting during the incident.<ref name=Toi13-1>{{cite news|title=Godhra carnage convict granted bail by apex court|url=http://articles.timesofindia.indiatimes.com/2013-04-28/vadodara/38877970_1_carnage-case-life-imprisonment-gujarat-high-court|accessdate=11 May 2013|newspaper=]|date=28 April 2013}}</ref> 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.<ref name="India 2008" /> | |||
==Inquiries== | |||
==Trial and court verdict== | |||
===Forensic Science Laboratory report=== | |||
===Trial=== | |||
A study conducted by the Gujarat Forensic Science Laboratory concluded that the fire was caused by inflammable liquid poured into the coach by the attackers. Additionally, the report indicated that the fire started from inside the coach, which explains the minimal scorching on the exterior below the windows.<ref>{{cite web|url=http://indiatoday.intoday.in/story/godhra-massacre-forensic-report-come-in-handy-for-rival-politicians/1/219241.html|title=Fuelling the Fire|publisher=indiatoday.intoday.in|date=22 July 2002|access-date=13 April 2014|archive-date=9 December 2017|archive-url=https://web.archive.org/web/20171209201118/http://indiatoday.intoday.in/story/godhra-massacre-forensic-report-come-in-handy-for-rival-politicians/1/219241.html|url-status=live}}</ref><ref name=FSLReport>{{cite web|title=Report of Forensic Science Laboratory, State of Gujarat|url=http://www.outlookindia.com/article.aspx?218028|archive-url=https://web.archive.org/web/20130601160801/http://outlookindia.com/article.aspx?218028|archive-date=1 June 2013|publisher=Outlook|date=22 November 2002|access-date=19 April 2014|url-status=dead}}</ref> | |||
] was invoked against all the accused which was later suspended due to pressure from the Central government. In May 2003, first charge sheet was filed against 54 accused but they are 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 ].<ref name=timelinetoi /> | |||
===Nanavati-Mehta commission=== | |||
In November 2003, ] 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 cahllenged by a kin of the victim before the ] and later on appeal before Supreme Court. In September 2008, Nanavati Commission submitted its report on Godhra train burning incident.<ref name=timelinetoi /> In 2009, after accepting the report of the Special Investigation Team (SIT)appointed by it, the court appointed a special fast-track court was appointed to try the case along with 5 other fast track courts 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.<ref name=Hindu-trial>{{cite news|last=Venkatesan|first=J|title=Court: set up six fast track courts to try Godhra & riot cases|url=http://www.hindu.com/2009/05/02/stories/2009050257860100.htm|accessdate=22 May 2013|newspaper=]|date=2 May 2009}}</ref> More than 100 people were arrested in relation to the incident. The court was set up inside the Sabarmati Central Jail, where almost all the accused were lodged. The hearing began in May 2009.<ref>{{cite news|title=Godhra carnage: fast-track court begins proceedings|url=http://www.indianexpress.com/news/godhra-carnage-fasttrack-court-begins-proceedings/466585/|accessdate=22 May 2013|newspaper=]|date=27 May 2009|location=Ahmedabad}}</ref> 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 27 Feb 2002.<ref name=liveindia /> Initially 107 people were charged, of which five died during the pendency of the case, while eight others were juveniles, who were tried by a separate court. As many as 253 witnesses were examined during the trial and over 1500 documentary evidences were presented before the court by the Gujarat police.<ref name=liveindia1>{{cite news|title=Godhra train carnage judgement tomorrow|url=http://liveindia.tv/india/godhra-train-carnage-judgement-tomorrow/|accessdate=22 May 2013|newspaper=Live India|date=21 February 2011}}</ref> | |||
{{Main|Nanavati-Mehta Commission}} | |||
====Appointment==== | |||
In May 2010, Supreme Court restrained the trial courts to pronounce judgement in nine sensitive riot cases including Godhra train incident. The trial was completed in September 2010 however the the verdict could not be delivered in view of a Supreme Court stay.<ref name=liveindia1 /> The stay was later lifted by the Court in January 2011 and the designated judge announced that he shall pronounce the judgement on 22 February 2011.<ref name=timelinetoi>{{cite news|title=Chronology of Godhra trial|url=http://articles.timesofindia.indiatimes.com/2011-02-22/india/28624659_1_godhra-train-u-c-banerjee-s-6|accessdate=22 May 2013|newspaper=The Times of India|date=22 February 2011}}</ref> | |||
On 6 March 2002, the Gujarat government established a commission of inquiry to investigate the incident and submit a report. The commission was initially chaired by retired ] judge K.G. Shah as its sole member.<ref>{{cite web |url=http://www.hinduonnet.com/thehindu/2002/03/07/stories/2002030706110100.htm |title=The Hindu : Probe panel appointed |publisher=Hinduonnet.com |date=7 March 2002 |access-date=4 June 2013 |archive-url=https://web.archive.org/web/20030210180012/http://www.hinduonnet.com/thehindu/2002/03/07/stories/2002030706110100.htm |archive-date=10 February 2003 |url-status=usurped }}</ref> However, Shah's alleged closeness to Narendra Modi drew sharp criticism from victims, human rights organizations, and political parties, leading to demands for the appointment of a ] judge. In response, the government reconstituted the commission as a two-member committee, appointing retired Supreme Court judge G.T. Nanavati to lead it, and it became known as the "Nanavati-Shah Commission."{{sfn|Jaffrelot|2012|p=79}} | |||
Shah died in March 2008, just a few months before the committee submitted its first report. On 6 April 2008, the Gujarat High Court appointed retired judge Akshay Kumar Mehta to the committee.<ref>{{cite news|title=Newly appointed justice Mehta of Nanavati Commission visits Godhra |url=http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75 |access-date=11 May 2013 |newspaper=IndLaw |agency=UNI |url-status=dead |archive-url=https://web.archive.org/web/20131203025216/http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75 |archive-date=3 December 2013 |df=dmy }}</ref> During its six-year investigation, the commission examined more than 40,000 documents and the testimonies of over 1,000 witnesses.<ref>{{cite news|title=Gujarat: Nanavati Commission submitted its first report on 2002 riots in state |url=http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6 |access-date=11 May 2013 |newspaper=IndLaw |url-status=dead |archive-url=https://web.archive.org/web/20131203025211/http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6 |archive-date=3 December 2013 |df=dmy }}</ref> Although the committee's initial term was three months, it received 22 extensions, until June 2014, to submit its final report.<ref name="Indian Express">{{cite news|title=Nanavati panel gets its 20th extension|url=http://www.indianexpress.com/news/nanavati-panel-gets-its-20th-extension/1136987/|access-date=2 December 2013|newspaper=The Indian Express|date=3 July 2013}}</ref><ref name="TOI1114">{{cite news|title=With 21st extension, Nanavati report after LS polls|url=http://timesofindia.indiatimes.com/city/ahmedabad/With-21st-extension-Nanavati-report-after-LS-polls/articleshow/28209339.cms|access-date=19 April 2014|newspaper=Times of India|date=1 January 2014}}</ref> | |||
===Court verdict=== | |||
On February 2011, the trial court convicted 31 Muslims of the attack and acquitted 63 Muslims. The court noted that the incident was a “pre-planned conspiracy" and it convicted 31 accused for murder and conspiracy under the Section 302 and 120B of the ] respectively and under Section 149, 307, 323, 324, 325, 326, 332, 395, 397, and 436 of the Code and some sections of the Railway Act and Police Act.<ref name=liveindia /> 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 hatched, and those who, it agreed, had actually entered the coach and poured petrol before setting it afire. Rest 20 were sentenced to life imprisonment.<ref> NDTV – 1 March 2011</ref><ref name=Hindu1 /> However Maulvi Saeed Umarji who was believed by the SIT to be the prime accused, was acquitted<ref name=liveindia>{{cite news|title=Special court convicts 31 in Godhra train burning case|url=http://liveindia.tv/india/states/special-court-convicts-31-in-godhra-train-burning-case/|accessdate=22 May 2013|newspaper=Live India|date=22 February 2012}}</ref> along with 62 other accused for lack of evidence.<ref name=MD>{{cite news|title=Key accused let off in Godhra case|url=http://www.mid-day.com/news/2011/feb/230211-fast-track-court-Godhra-case-verdict-Sabarmati-Express.htm|accessdate=22 May 2013|newspaper=Mid Day|date=23 February 2011}}</ref> | |||
====Report==== | |||
The 31 persons convicted in the case, including 11 who were awarded the death sentence, have filed appeals in the ]. The state government also challenged the trial court's decision to acquit 61 persons in the ] and sought death sentences for 20 convicts awarded life imprisonment in the case.<ref name=IE1>{{cite news|title=Guj govt challenges acquittals in Godhra verdict before HC|url=http://www.indianexpress.com/news/guj-govt-challenges-acquittals-in-godhra-verdict-before-hc/808659/|accessdate=11 May 2013|newspaper=]|date=25 June 2011}}</ref> | |||
In September 2008, the commission submitted "Part I" of its report on the Godhra incident, supporting the theory originally proposed by the Gujarat police.{{sfn|Jaffrelot|2012|p=80}} The report identified Maulvi Husain Haji Ibrahim Umarji, a cleric in Godhra, and Nanumiyan, a dismissed ] officer, as the "masterminds" behind the operation.<ref name="India 2008"> The Times of India, 28 September 2008. Retrieved 19 February 2012. 21 February 2012.</ref> The committee's conclusion was supported by a statement from Jabir Binyamin Behra, a criminal in custody at the time, although he later denied making such a statement.<ref>{{cite web|url=http://www.dnaindia.com/india/1511763/report-godhra-case-eventually-maulvi-umarji-comes-out-unscathed|title=Godhra case: Eventually, Maulvi Umarji comes out unscathed|work=Daily News and Analysis|date=23 February 2011|access-date=4 June 2013}}</ref> Additionally, the report cited the alleged acquisition of 140 liters of petrol hours before the train's arrival, its storage at the guest house of Razzak Kurkur—accused of being a key conspirator—and forensic evidence indicating that fuel was poured on the train coach before it was set on fire.<ref name="India 2008" /> The report concluded that thousands of Muslims from the Signal Falia area attacked the train.<ref name=IT1>{{cite news|last=Uday|first=Mahurkar|title=Godhra carnage a conspiracy: Nanavati report|url=http://indiatoday.intoday.in/story/Godhra+carnage+a+conspiracy:+Nanavati+report/1/16270.html|access-date=11 May 2013|newspaper=India Today|date=26 September 2008}}</ref><ref name=ibn2009>{{cite news|title=Gujarat may come clean today, say 1,180 died in riots|url=http://ibnlive.in.com/news/gujarat-may-come-clean-today-say-1180-died-in-riots/86485-3.html|archive-url=https://web.archive.org/web/20090302054521/http://ibnlive.in.com/news/gujarat-may-come-clean-today-say-1180-died-in-riots/86485-3.html|url-status=dead|archive-date=2 March 2009|access-date=30 May 2013|newspaper=IBN7|date=28 February 2009}}</ref> | |||
===Reactions |
====Reactions==== | ||
The ] and the ] objected to the commission's exoneration of the Gujarat government, citing the timing of the report—just months before general elections—as evidence of unfairness. Congress spokesperson ] criticized the premature absolution of the Gujarat government for its alleged complacency in the carnage before the commission's second and final report was released. The CPI(M) argued that the report reinforced communal prejudices.<ref>{{cite news|title=Cong, CPM question Nanavati report's credibility|url=http://articles.timesofindia.indiatimes.com/2008-09-27/india/27895962_1_nanavati-report-nanavati-commission-justice-nanavati|access-date=30 May 2013|date=27 September 2008|archive-date=29 June 2013|archive-url=https://archive.today/20130629121439/http://articles.timesofindia.indiatimes.com/2008-09-27/india/27895962_1_nanavati-report-nanavati-commission-justice-nanavati|newspaper=]|url-status=dead}}</ref> The commission has also been heavily criticized by academics, such as ], for obstructing the course of justice, supporting the conspiracy theory too quickly, and allegedly ignoring evidence of governmental complicity in the incident.<ref>{{cite journal|last=Iyer|first=SH|title=Babu Bajrangi's bail and Gujarat riot probe|journal=Combat Law|date=May–June 2008|volume=7|issue=3|pages=16–19}}</ref> | |||
BJP spokesperson ] stated, "The theory propagated by the (central) government and some NGOs (Non-Governmental Organization) has been proved wrong...."<ref> One India – 23 February 2011</ref> Law Minister ] who hails from Congress said that it was premature to comment stating that the courts of law will take their own course.<ref name=OL-reactions>{{cite news|title=Godhra Train Carnage Verdict: Reactions|url=http://news.outlookindia.com/items.aspx?artid=712707|accessdate=11 May 2013|newspaper=Outlook|date=22 February 2011}}</ref><ref> Tehelka – 22 February 2011</ref> R K Raghavan who was the head of the Special Investigating Team said that he was satisfied with the Godhra train burning verdict. BJP spokesperson, ] said that the verdict had exposed the nefarious designs of the ] which tried to cover up the entire episode.<ref name=OL-reactions /> | |||
===Banerjee investigation=== | |||
==Official Inquiry== | |||
====Appointment and report==== | |||
===Nanavati — Mehta commission=== | |||
] | |||
On 6 March, the Gujarat government set up a commission of enquiry headed by retired ] judge K G Shah to enquire into the Godhra train burning and the subsequent violence and submit a report in three months.<ref></ref> Following criticism from victims' organisations, activists and political parties over Shah's role as Government's pleader and demand for appointment of a ] 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.<ref name=nanavaticomreport /><ref> The Indian Express – 21 May 2002</ref><ref> ] – 23 May 2002</ref> Shah died during the course of the probe and then Gujarat High Court retired judge Akshay Kumar Mehta was appointed in the commission on 6 April 2008.<ref>{{cite news|title=Newly appointed justice Mehta of Nanavati Commission visits Godhra|url=http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75|accessdate=11 May 2013|newspaper=IndLaw|agency=UNI}}</ref> The commission, during its six-year probe, examined more than 40,000 applications and testimonies of more than 1,000 witnesses, who expressed their readiness to appear before it.<ref>{{cite news|title=Gujarat: Nanavati Commission submitted its first report on 2002 riots in state|url=http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6|accessdate=11 May 2013|newspaper=IndLaw}}</ref> | |||
On 17 May 2004, following the victory of the ] (UPA) in the Indian general election, ] was appointed as Railway Minister. In September 2004, two and a half years after the train burning, Yadav appointed former Supreme Court Justice ] to investigate the incident. In January 2005, Banerjee presented his interim report, which tentatively described the fire as an "accidental fire" after ruling out other theories. He cited a forensic report indicating that the injuries sustained by the victims were consistent only with an "internal fire." The report was also critical of the railways' handling of evidence relevant to the case.{{sfn|Jaffrelot|2012|pp=77–80}}<ref>{{cite web|title=Excerpts from the Justice U C Banerjee Committee report|url=http://www.dnaindia.com/india/report-excerptsfrom-the-justice-u-c-banerjee-committeereport-1016092|work=Daily News and Analysis|date=3 March 2006|access-date=2 December 2013}}</ref><ref name="GJHC20-03-2006">{{cite web|title=Union of India vs. Nilkanth Tulsidas Bhatia, LPA No. 364 of 2005 in SCA No. 16500 of 2005|url=http://indiankanoon.org/doc/892047/|publisher=Gujarat High Court|access-date=2 April 2014}}</ref> | |||
====High Court judgment==== | |||
In September 2008, the ] submitted its report and it seconded the conspiracy theory, propounded by the Gujarat police.<ref name="India 2008" /> Commission's evidence hinged 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.<ref name="India 2008" /> It concluded that the train was attacked by thousands of Muslims of Signal Falia area opposite Godhra Railway station with sharp weapons, stones and burning rags in front of dozens of eye witnesses.<ref name=IT1>{{cite news|last=Uday|first=Mahurkar|title=Godhra carnage a conspiracy: Nanavati report|url=http://indiatoday.intoday.in/story/Godhra+carnage+a+conspiracy:+Nanavati+report/1/16270.html|accessdate=11 May 2013|newspaper=India Today|date=26 September 2008}}</ref><ref name=ibn2009>{{cite news|title=Gujarat may come clean today, say 1,180 died in riots|url=http://ibnlive.in.com/news/gujarat-may-come-clean-today-say-1180-died-in-riots/86485-3.html|accessdate=30 May 2013|newspaper=IBN7|date=28 February 2009}}</ref> | |||
Banerjee's findings were challenged in the Gujarat High Court by Neelkanth Tulsidas Bhatia, who was injured in the incident. In October 2006, the court quashed Banerjee's conclusions, ruling that the investigation was "unconstitutional, illegal, and null and void." It declared the formation of the investigation to be a "colorable exercise of power with mala fide intentions" and deemed the argument of an accidental fire to be "opposed to the prima facie accepted facts on record." The High Court also directed that the report should not be tabled in Parliament.<ref> {{Webarchive|url=https://web.archive.org/web/20100524035416/http://www.expressindia.com/news/fullstory.php?newsid=75485 |date=24 May 2010 }} ''The Indian Express'' – 13 October 2006</ref><ref> ] – 14 October 2006</ref><ref>{{cite news | title = HC terms Sabarmati Express panel illegal |work=The Financial Express |date=14 October 2006| url = http://www.financialexpress.com/news/story/180656/| access-date= 4 February 2011 <!--DASHBot-->}}</ref><ref>{{cite news | title = Laloo flaunts Godhra report |work=The Tribune |date=20 January 2005 | url = http://www.tribuneindia.com/2005/20050121/main1.htm| access-date= 4 February 2013 <!--DASHBot-->}}</ref><ref>{{cite news | title = India train fire 'not mob attack' |work=BBC News |date=17 January 2005 | url = http://news.bbc.co.uk/2/hi/south_asia/4180885.stm| access-date= 4 February 2011 <!--DASHBot-->}}</ref><ref name="express-2006">{{cite news | title = Banerjee panel illegal: Gujarat HC | author = Press Trust of India | publisher = Express India | date = 13 October 2006 | url = http://www.expressindia.com/news/fullstory.php?newsid=75485 | access-date = 4 February 2011 <!--DASHBot--> | archive-date = 24 May 2010 | archive-url = https://web.archive.org/web/20100524035416/http://www.expressindia.com/news/fullstory.php?newsid=75485 | url-status = dead }}</ref><ref name=ibnnews16oct06>{{cite web|title=BJP cheers as HC slams Godhra panel|url=http://ibnlive.in.com/news/bjp-cheers-as-hc-slams-godhra-panel/23990-4-2.html|archive-url=https://web.archive.org/web/20140325083341/http://ibnlive.in.com/news/bjp-cheers-as-hc-slams-godhra-panel/23990-4-2.html|url-status=dead|archive-date=25 March 2014|publisher=IBN Live|access-date=25 March 2014}}</ref>{{Excessive citations inline|date=February 2023|reason=Unnecessary ] for a simple ruling, see if there's useful info in them that can be used elsewhere}} | |||
The alleged mastermind was said to be the cleric Maulvi Husain Haji Ibrahim Umarji and a dismissed ] 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 ] movement.<ref name="India 2008"> The Times of India, 28 September 2008. Retrieved 2012-02-19. 21 February 2012.</ref> | |||
====Reactions==== | |||
The ] and the ] party both came out railing against 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 ] 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.<ref>{{cite news|title=Cong, CPM question Nanavati report's credibility|url=http://articles.timesofindia.indiatimes.com/2008-09-27/india/27895962_1_nanavati-report-nanavati-commission-justice-nanavati|accessdate=30 May 2013|newspaper=Times of India|date=27 September 2008}}</ref> <ref>cong, cpm slam Nanavati report for reinforcing 'communal bias.' Times of India. 28 September 2008.</ref> | |||
The BJP, then in opposition in the Union Parliament, dismissed the report as an attempt to influence the upcoming Bihar elections.<ref name=tribune2005>{{cite news|title=Godhra report attempt to help Laloo: BJP|url=http://www.tribuneindia.com/2005/20050118/main1.htm|access-date=25 March 2014|newspaper=The Tribune|date=17 January 2005}}</ref> It welcomed the High Court's judgment, viewing it as a setback for the Congress.<ref name="tribune-2006">{{cite news|title=Gujarat HC nullifies Banerjee Committee|url=http://www.tribuneindia.com/2006/20061014/main1.htm|access-date=25 March 2014|date=13 October 2006}}</ref> Lalu Prasad Yadav, then the Minister for Railways, cited the report as evidence that the Narendra Modi government had orchestrated the riots that followed, calling it an exposure of the BJP.<ref name=tribune2005/> | |||
==Trial and court verdict== | |||
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.<ref>{{cite news|title=Gujarat Govt extends Nanavati panel term till next June|url=http://www.thehindubusinessline.com/news/states/gujarat-govt-extends-nanavati-panel-term-till-next-june/article4258991.ece|accessdate=11 May 2013|newspaper=Business Line|date=31 December 2012|agency=Press Trust of India}}</ref> | |||
===Arrests=== | |||
By 28 February 2002, 51 people had been arrested in connection with the incident on charges of arson, rioting, and looting.<ref name=BBC>{{cite news|title=Dozens arrested over India train attack|url=http://news.bbc.co.uk/2/hi/south_asia/1845905.stm|access-date=1 January 2014|date=28 February 2002|work=BBC News}}</ref> On 17 March 2002, chief suspect Haji Bilal, a local town councillor and Congress worker,<ref name=REFCON>{{cite news|title=Godhra, 'secular' 'progressives' and politics|url=https://www.rediff.com/news/2002/mar/25rajeev.htm|newspaper=Rediff News|date=25 March 2002}}</ref> was captured by an anti-terrorist squad in Godhra. The FIR alleged that a 1,540-strong mob attacked the Sabarmati Express on 27 February, shortly after the delayed train left Godhra station. The president of Godhra municipality, Mohammed Hussain Kalota, was arrested in March. Other arrestees included corporators Abdul Razak and Shiraj Abdul Jamesha. Bilal was also alleged to have connections with gang leader Latif and was reported to have visited ], ], several times.<ref name=EI1>{{cite news|title=Chargesheet filed against 66 Godhra accused|url=http://expressindia.indianexpress.com/news/fullstory.php?newsid=10692|access-date=1 January 2014|newspaper=Indian Express|date=23 May 2002|agency=Press Trust of India}}</ref><ref>{{cite news|title=Chief suspect in India train attack arrested|url=http://news.bbc.co.uk/2/hi/south_asia/1878385.stm|access-date=1 January 2014|newspaper=BBC|date=19 March 2002}}</ref> | |||
The SIT filed a charge sheet before First Class Railway Magistrate P.K. Joshi, which spanned more than 500 pages. It stated that 59 people were killed in the S-6 coach of the Sabarmati Express when a mob of around 1,540 unidentified individuals attacked it near Godhra railway station.<ref name=rediff2>{{cite news|title=Charge sheet filed against 66 accused for Godhra mayhem|url=http://www.rediff.com/news/2002/may/23train.htm|access-date=30 November 2013|newspaper=Rediff}}</ref><ref name=liveindia /> The 68 people accused in the charge sheet included 57 individuals charged with stoning and setting fire to the train. The charge sheet also noted that the mob attacked the police, prevented the fire brigade from reaching the burning train, and stormed the train a second time. Eleven others were charged as part of this mob.<ref name=TH1>{{cite news|last=Dasgupta|first=Manas|title=Chargesheets filed in Godhra train carnage case|url=http://hindu.com/2002/05/24/stories/2002052402951300.htm|archive-url=https://web.archive.org/web/20131203064747/http://hindu.com/2002/05/24/stories/2002052402951300.htm|url-status=dead|archive-date=3 December 2013|access-date=30 November 2013|date=24 May 2002|newspaper=]|location=Chennai, India}}</ref> Initially, 107 people were charged, five of whom died while the case was still pending in court. Eight juveniles were tried in a separate court. During the trial, 253 witnesses were examined, and over 1,500 documentary pieces of evidence were presented to the court.<ref name=liveindia1>{{cite news|title=Godhra train carnage judgement tomorrow |url=http://liveindia.tv/india/godhra-train-carnage-judgement-tomorrow/ |access-date=22 May 2013 |newspaper=Live India |date=21 February 2011 |url-status=dead |archive-url=https://web.archive.org/web/20130625065302/http://liveindia.tv/india/godhra-train-carnage-judgement-tomorrow/ |archive-date=25 June 2013 |df=dmy }}</ref> | |||
==Other Inquiries== | |||
===Justice Tewatia Inquiry Commission=== | |||
] | |||
Council for International Affairs and Human Rights, Delhi deputed a team led by Justice D.S. Tewatia, vice-chairman of the Council and a former chief justice of Calcutta and Punjab & Haryana High Courts, to study the ground situation in Gujarat including four other members. In April 2002, Commission established that the attack on the Sabarmati Express was preplanned and premeditated and an assembly of a mob of about 2000 Muslims in three minutes could not have been spontaneous. The fire fighting system available in ] was weakened and its arrival at the place of incident wilfully delayed by the mob with the open participation of a ] Councillor, Haji Balal. The primary objective was to create Hindu-Muslim communal conflagration in India and cause unrest. It also observed that there was a high traffic of telephone calls from Godhra to ] (mainly ]) before the incident. The report concluded that the attack constituted a ''"concerted effort by jehadi forces to slow down ever-increasing importance of India in the world affairs."'' attributing this to the " ''unusual growth rate of Muslim population in Godhra''" and also to the fact that "''large number of unemployed Muslims in Godhra have mobile phones''"<ref name=tewatia-ii>{{cite web|title=Facts Speak For Themselves: Godhra and After: A Field Study – II|url=http://leagueofindia.com/article/facts-speak-themselves-godhra-and-after-field-study-%E2%80%93-ii|publisher=D S Tewatia|accessdate=22 May 2013}}</ref> | |||
On 24 July 2015, the prime accused in the Godhra case, Hussain Suleman Mohammad, was arrested by the Godhra crime branch in ] district, Madhya Pradesh.<ref>{{cite news|url=http://timesofindia.indiatimes.com/india/Godhra-carnage-Main-accused-held-after-13-years/articleshow/48209717.cms|title=Godhra carnage: Main accused held after 13 years|website=]|date=25 July 2015 }}</ref> On 18 May 2016, a previously missing conspirator, Farooq Bhana, was arrested in Mumbai by the Gujarat ].<ref>{{Cite journal| url=http://timesofindia.indiatimes.com/city/ahmedabad/After-14-yrs-man-who-added-fuel-to-Godhra-fire-arrested/articleshow/52335116.cms| title=After 14 yrs, man who added fuel to Godhra fire arrested| journal= The Times of India| date= 19 May 2016}}</ref> On 30 January 2018, Yakub Pataliya, aged 63, was arrested in Godhra by a team of B Division police after receiving a tip-off that he had been spotted in the town.<ref>{{Cite news|url=https://www.mid-day.com/articles/2002-godhra-train-burning-63-year-old-accused-arrested-after-16-years/18998154|title=2002 Godhra train burning: 63-year-old accused arrested after 16 years|date=2018-01-30|work=mid-day|access-date=2018-01-30}}</ref> | |||
Commission also observed the role of media stating that electronic and print media based in Delhi projected a distorted image of sectarian violence in the state and that the Godhra was a reaction to provocation by ''karsevaks'' and riots in rest of the state wereas "state sponsored terrorism". It further observed that the code of ethics prescribed by the ] was violated by the media with impunity and that media in general failed to perform as conscious and socially responsible gatekeepers of information.<ref name=tewatia-ii /> | |||
===Prevention of Terrorism Act and trial=== | |||
===Banerjee Committee=== | |||
On 3 March 2002, The ] (POTO) was invoked against all the accused, but it was later suspended due to pressure from the central government.{{Clarify|date=April 2024}} On 9 March 2002, the police added criminal conspiracy charges. In May 2003, the first charge sheet was filed against 54 accused, though they were not charged under the ] (POTA).{{Efn|POTO became an act as it was cleared by Parliament.<ref>{{Cite web |date=2 April 2002 |title=President's assent to four more bills |url=https://archive.pib.gov.in/archive/releases98/lyr2002/rapr2002/02042002/r0204200214.html |access-date=2023-02-27 |website=archive.pib.gov.in}}</ref>}} In February 2003, POTA was re-invoked against all the accused after the BJP retained control of the Gujarat legislature in the 2002 assembly ].<ref name=timelinetoi /> | |||
Two and half years after the Godhra Massacre, ], an Ideological cum political opponent of Narendra Modi{{cn}} and BJP, becomes railway minister on 17 May 2004. In September 2004, Railway ministry sets up a one-member committee consisting of former Supreme Court Justice ] to probe the Godhra train fire. In January 2005, Two days before election in Lalu Prasad's native Bihar state, Commission concluded that the fire was accidental. | |||
In November 2003, the ] stayed the trial. In 2004, the POTA was repealed after the United Progressive Alliance (UPA) came to power, prompting a review of its invocation against the accused. In May 2005, the POTA review commission decided not to charge the accused under POTA. This decision was later unsuccessfully challenged by a victim's relative in the Gujarat High Court and, subsequently, on appeal before the Supreme Court. | |||
Banerjee Commission's findings were challenged by Neelkanth Tulsidas Bhatia who was injured in Godhra carnage. In October 2006, the ] quashed the conclusions of the Banerjee Committee and ruled that the panel 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.".<ref> ''The Indian Express'' – 13 October 2006</ref><ref> ] – 14 October 2006</ref><ref>{{cite news | title = HC terms Sabarmati Express panel illegal |work=The Financial Express |date=14 October 2006| url = http://www.financialexpress.com/news/story/180656/| accessdate= 4 February 2011 <!--DASHBot-->}}</ref><ref>{{cite news | title = Laloo flaunts Godhra report |work=The Tribune |date=20 January 2005 | url = http://www.tribuneindia.com/2005/20050121/main1.htm| accessdate= 4 February 2013 <!--DASHBot-->}}</ref><ref>{{cite news | title = India train fire 'not mob attack' |publisher=BBC News |date=17 January 2005 | url = http://news.bbc.co.uk/2/hi/south_asia/4180885.stm| accessdate= 4 February 2011 <!--DASHBot-->}}</ref><ref name="express-2006">{{cite news | title = Banerjee panel illegal: Gujarat HC | author = Press Trust of India | publisher = Express India |date=13 October 2006 | url = http://www.expressindia.com/news/fullstory.php?newsid=75485 | accessdate= 4 February 2011 <!--DASHBot-->}}</ref> | |||
In September 2008, the Nanavati Commission submitted its report on the incident.<ref name="timelinetoi" /> In 2009, after accepting the Special Investigation Team (SIT) report, the court appointed a special fast-track court to try the case and established five other fast-track courts to try the post-incident riots. The bench hearing the case also mandated that public prosecutors be appointed in consultation with the SIT chair. It ordered the SIT to serve as the nodal agency for witness protection, file supplementary charge sheets, and potentially cancel the bail of the accused.<ref name="Hindu-trial">{{cite news|last=Venkatesan|first=J|title=Court: set up six fast track courts to try Godhra & riot cases|url=http://www.hindu.com/2009/05/02/stories/2009050257860100.htm|archive-url=https://web.archive.org/web/20090502182039/http://www.hindu.com/2009/05/02/stories/2009050257860100.htm|url-status=dead|archive-date=2 May 2009|access-date=22 May 2013|date=2 May 2009|newspaper=]|location=Chennai, India}}</ref> | |||
==Popular culture== | |||
* '']'', a 2005 film, narrates the riots and Godhra train burning incident.<ref>{{cite news | url=http://www.indiaglitz.com/channels/hindi/article/13500.html | title=Gujarat violence film set for Friday release | publisher=indiaglitz.com | date=2 March 2005 | agency=Indo-Asian News Service | accessdate=27 March 2013}}</ref> | |||
More than 100 people were arrested in connection with the incident. The court was set up inside the ], where almost all the accused were confined. The hearings began in May 2009,<ref>{{cite news|title=Godhra carnage: fast-track court begins proceedings|url=http://www.indianexpress.com/news/godhra-carnage-fasttrack-court-begins-proceedings/466585/|access-date=22 May 2013|newspaper=]|date=27 May 2009|location=Ahmedabad}}</ref> with Additional Sessions Judge P.R. Patel designated to hear the case.<ref>{{Cite web |date=8 May 2009 |title=Godhra riots: Gujarat HC appoints 9 judges |url=https://www.ndtv.com/india-news/godhra-riots-gujarat-hc-appoints-9-judges-393783 |access-date=2023-02-27 |website=] |agency=]}}</ref> | |||
* 2013 film '']'' had the backdrop of ] which also deals with train burning incident. The film was based on the novel '']'' written by ] depicting the same. | |||
In May 2010, the Supreme Court restrained trial courts from pronouncing judgments in nine sensitive riot cases, including the Godhra train incident. The trial was completed in September 2010, but the verdict could not be delivered due to the Supreme Court's stay.<ref name="liveindia1" /> The stay was lifted in January 2011, and the judge announced that the judgment would be pronounced on 22 February 2011.<ref name="timelinetoi">{{cite news |date=22 February 2011 |title=Chronology of Godhra trial |newspaper=] |agency=] |url=https://timesofindia.indiatimes.com/india/Chronology-of-Godhra-trial/articleshow/7546855.cms |url-status=live |access-date=22 May 2013 |archive-url=https://web.archive.org/web/20131001120531/http://articles.timesofindia.indiatimes.com/2011-02-22/india/28624659_1_godhra-train-u-c-banerjee-s-6 |archive-date=1 October 2013}}</ref> | |||
===Court verdict=== | |||
In February 2011, the trial court convicted 31 people and acquitted 63 others, concluding that the incident was a planned conspiracy. The convictions were based on the provisions for murder and conspiracy under Sections 302 and 120B of the ], as well as Sections 149, 307, 323, 324, 325, 326, 332, 395, 397, and 436 of the IPC, along with relevant sections of the Railway Act and Police Act.<ref name=liveindia /> The death penalty was awarded to 11 convicts, including those believed to have attended a meeting the night before the incident where the conspiracy was formed, and those who, according to the court, entered the coach and poured petrol before setting it on fire. Twenty others were sentenced to life imprisonment.<ref name="NDTV 2011">{{cite news |url=http://www.ndtv.com/article/india/godhra-verdict-31-convicted-63-acquitted-86991 |title=Godhra verdict: 31 convicted, 63 acquitted |work=NDTV |date=3 January 2011 |access-date=9 June 2013 |archive-date=29 November 2014 |archive-url=https://web.archive.org/web/20141129024715/http://www.ndtv.com/article/india/godhra-verdict-31-convicted-63-acquitted-86991 |url-status=live }}</ref><ref name=Hindu1>{{cite news|title=It was not a random attack on S-6 but kar sevaks were targeted, says judge|url=http://www.thehindu.com/news/national/article1513008.ece|access-date=22 May 2013|newspaper=The Hindu|date=6 March 2011|location=Chennai, India|first=Manas|last=Dasgupta|archive-date=17 January 2016|archive-url=https://web.archive.org/web/20160117044114/http://www.thehindu.com/news/national/article1513008.ece|url-status=live}}</ref> | |||
Maulvi Saeed Umarji, whom the SIT believed to be the prime conspirator, was acquitted<ref name=liveindia>{{cite news|title=Special court convicts 31 in Godhra train burning case |url=http://liveindia.tv/india/states/special-court-convicts-31-in-godhra-train-burning-case/ |access-date=22 May 2013 |newspaper=Live India |date=22 February 2012 |url-status=dead |archive-url=https://web.archive.org/web/20130119002050/http://liveindia.tv/india/states/special-court-convicts-31-in-godhra-train-burning-case/ |archive-date=19 January 2013 |df=dmy }}</ref> along with 62 other accused due to a lack of evidence.<ref name=MD>{{cite news|title=Key accused let off in Godhra case|url=http://www.mid-day.com/news/2011/feb/230211-fast-track-court-Godhra-case-verdict-Sabarmati-Express.htm|access-date=22 May 2013|newspaper=Mid Day|date=23 February 2011}}</ref> The convicted individuals filed appeals in the Gujarat High Court. The state government also challenged the trial court's decision to acquit 61 individuals and sought death sentences for 20 convicts who had been sentenced to life imprisonment.<ref name=IE1>{{cite news|title=Guj govt challenges acquittals in Godhra verdict before HC|url=http://www.indianexpress.com/news/guj-govt-challenges-acquittals-in-godhra-verdict-before-hc/808659/|access-date=11 May 2013|newspaper=The Indian Express|date=25 June 2011}}</ref> | |||
===Gujarat High Court verdict=== | |||
In October 2017, the Gujarat High Court, accepting the prosecution's contention that there was a conspiracy behind the incident, commuted the death sentences of 11 convicts to life imprisonment while upholding the life sentences of 20 others.<ref>{{Cite news|url=http://indianexpress.com/article/india/2002-godhra-train-burning-carnage-case-riots-gujarat-high-court-sit-commutes-death-sentence-of-11-convicts-to-life-imprisonment-4881586/|title=2002 Godhra train burning case: Gujarat HC commutes death sentence of 11 convicts to life imprisonment|date=2017-10-09|work=The Indian Express|access-date=2017-10-09|language=en-US}}</ref> As a result, all 31 individuals convicted by the SIT court in 2011 were sentenced to life imprisonment.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/2002-godhra-burning-case-gujarat-high-court-commutes-death-for-11-convicts-to-life-in-prison/articleshow/61001808.cms|title=2002 Godhra train burning case: Gujarat high court commutes death for 11 convicts to life in prison – Times of India|work=The Times of India|access-date=2017-10-09}}</ref> Meanwhile, the 63 others who had been acquitted by the trial court in 2011, including the alleged mastermind, were re-acquitted by the High Court.<ref>{{Cite news|url=https://www.ndtv.com/india-news/in-godhra-train-burning-an-important-court-decision-today-10-points-1760393|title=In Godhra Train Blaze, Alleged Mastermind And 30 Others Acquitted Again|work=NDTV.com|access-date=2017-10-09}}</ref> The court also ordered the state government and the railways to pay {{INRConvert|10|l|year=2017}} in compensation to the families of each of the 59 victims.<ref>{{Cite news|url=http://www.news18.com/news/india/godhra-train-burning-case-hc-orders-compensation-for-victims-kin-1540441.html|title=Godhra Train Burning Case: HC Faults State Govt, Orders Rs 10 Lakh for Victims' Kin|work=News18|access-date=2017-10-09}}</ref> | |||
===Reactions to the SIT investigation=== | |||
BJP spokesperson ] stated, "The theory propagated by the (central) government and some NGOs (Non-Governmental Organization) has been proved wrong...."<ref>{{Cite web |date=2011-02-23 |title=Vindicates stand on conspiracy: BJP |url=https://indianexpress.com/article/news-archive/web/vindicates-stand-on-conspiracy-bjp/ |access-date=2023-02-26 |website=The Indian Express |language=en}}</ref> Law Minister Veerappa Moily, a Congress Party member, said it was premature to comment and that the courts would take their own course.<ref> {{Webarchive|url=https://web.archive.org/web/20140104212654/http://news.outlookindia.com/items.aspx?artid=712707 |date=4 January 2014 }} Outlook India – 22 February 2011</ref> ], head of the ] (SIT), expressed satisfaction with the verdict. BJP spokesperson ] added that the verdict had exposed the "nefarious designs" of the UPA government, which he accused of trying to cover up the entire episode.<ref name="OL-reactions">{{cite news|title=Godhra Train Carnage Verdict: Reactions|url=http://news.outlookindia.com/items.aspx?artid=712707|access-date=11 May 2013|newspaper=Outlook India|date=22 February 2011|archive-url=https://web.archive.org/web/20140104212654/http://news.outlookindia.com/items.aspx?artid=712707|archive-date=4 January 2014|url-status=dead}}</ref> | |||
==In popular culture== | |||
* '']'', a 2005 film, uses the Godhra train burning incident as the background for a love story.<ref>{{Cite web |last=Ashraf |first=Syed Firdaus |date=2 October 2002 |title=The Gujarat factor |url=https://www.rediff.com/movies/2002/oct/02godh.htm |access-date=2023-02-26 |website=]}}</ref> | |||
* ''], a'' 2013 film, had the Gujarat riots as a backdrop for the main narrative. It was based on the novel '']'' written by ].<ref>{{Cite web |last=Gupta |first=Trisha |date=2013-03-07 |title=Framing the divide |url=https://indianexpress.com/article/opinion/columns/framing-the-divide/ |access-date=2023-02-26 |website=The Indian Express |language=en}}</ref> | |||
* ''], a'' 2004 documentary film, depicts the train burning and the Gujarat riots that followed.<ref>{{Cite news |date=2004-08-06 |title=India bans religious riot movie |language=en-GB |url=http://news.bbc.co.uk/2/hi/entertainment/3542340.stm |access-date=2023-02-26}}</ref> | |||
* ''],'' a 2024 film, based on a report set up to investigate the train burning incident''.''<ref>{{Cite web |title=Accident or Conspiracy Godhra teaser out. Film based on Nanavati Commission report promises to uncover the truth |url=https://www.indiatoday.in/movies/bollywood/story/accident-or-conspiracy-godhra-teaser-out-film-based-on-nanavati-commission-report-promises-to-uncover-the-truth-2386399-2023-05-30 |access-date=2024-03-30 |website=India Today |date=30 May 2023 |language=en}}</ref> | |||
* ''],'' a 2024 film, starring ] follows him as a journalist probing the truth behind train burning incident.<ref>{{Cite web |last=ANI |date=2024-11-06 |title=Vikrant Massey reveals he's been receiving threats for 'The Sabarmati Report' |url=https://theprint.in/feature/vikrant-massey-reveals-hes-been-receiving-threats-for-the-sabarmati-report/2344751/ |access-date=2024-11-10 |website=ThePrint |language=en-US}}</ref> | |||
==See also== | ==See also== | ||
* ] | |||
*] | |||
*] | * ] | ||
*] | |||
==Notes== | |||
*] | |||
{{Noteslist}} | |||
*] | |||
==References== | ==References== | ||
{{Reflist|2}} | {{Reflist|2}} | ||
==Bibliography== | |||
{{Use dmy dates|date=May 2013}} | |||
{{Refbegin|30em}} | |||
* {{cite book |last=Brass |first=Paul R. |title=The Production of Hindu-Muslim Violence in Contemporary India |publisher=University of Washington Press |isbn=978-0-295-98506-0 |year=2005}} | |||
* {{cite news |last=Burke |first=Jason |title=Godhra train fire verdict prompts tight security measures |url=https://www.theguardian.com/world/2011/feb/22/godhra-train-fire-verdict |access-date=5 April 2014 |newspaper=The Guardian |date=22 February 2011 |archive-date=23 October 2013 |archive-url=https://web.archive.org/web/20131023065143/http://www.theguardian.com/world/2011/feb/22/godhra-train-fire-verdict |url-status=live}} | |||
* {{cite book |editor-first=Isabelle |editor-last=Clark-Decès |title=A Companion to the Anthropology of India |year=2011 |publisher=Wiley-Blackwell |isbn=978-1405198929}} | |||
* {{cite book |last=Ghassem-Fachandi |first=Parvis |title=Pogrom in Gujarat: Hindu Nationalism and Anti-Muslim Violence in India |year=2012 |publisher=Princeton University Press |isbn=978-0691151779}} | |||
* {{cite journal |last=Jaffrelot |first=Christophe |title=Communal Riots in Gujarat: The State at Risk? |journal=Heidelberg Papers in South Asian and Comparative Politics |year=2003 |url=http://archiv.ub.uni-heidelberg.de/volltextserver/4127/1/hpsacp17.pdf |access-date=5 November 2013 |archive-date=4 December 2013 |archive-url=https://web.archive.org/web/20131204131058/http://archiv.ub.uni-heidelberg.de/volltextserver/4127/1/hpsacp17.pdf |url-status=live}} | |||
* {{cite journal |last=Jaffrelot |first=Christophe |title=Gujarat 2002: What Justice for the Victims? |url=http://www.epw.in/journal/2012/08/special-articles/gujarat-2002-what-justice-victims.html |url-access=subscription |journal=Economic & Political Weekly |date=25 February 2012 |volume=XLVII |issue=8 |pages=77–80 |jstor=41419907}} | |||
* {{cite book |last=Kishwar |first=Madhu Purnima |title=Modi, Muslims and Media: Voices from Narendra Modi's Gujarat |year=2014 |publisher=Manushi Publications, New Delhi}} | |||
* {{citation |last=Mitta |first=Manoj |title=The Fiction of Fact-Finding: Modi & Godhra |year=2014 |publisher=HarperCollins Publishers India |isbn=978-93-5029-187-0}} | |||
* {{cite book |last=Nussbaum |first=Martha C. |chapter=The Clash Within: Democracy and the Hindu Right |url=https://archive.org/details/valuesviolencein00kara |url-access=limited |year=2008 |publisher=Springer |isbn=978-1402086595 |pages=–97 |editor=Ibrahim A. Karawan |editor2=Ibrāhīm Karawān |editor3=Wayne McCormack |editor4=Stephen E. Reynolds |title=Values and Violence: Intangible Aspects of Terrorism}} | |||
* {{cite book |last=Nussbaum |first=Martha C. |title=The Clash Within: Democracy, Religious Violence and India's Future |year=2007 |publisher=Harvard University Press |isbn=978-0-674-03059-6}} | |||
* {{cite book |last=Williams |first=Philippa |chapter=Hindu–Muslim Relations and the "War on Terror" |title=A Companion to the Anthropology of India |year=2011 |publisher=Wiley-Blackwell |isbn=978-1405198929 |editor=Isabelle Clark-Decès |chapter-url=https://books.google.com/books?id=98uLj5FpTHQC&pg=RA9-PA1988}} | |||
{{Refend}} | |||
==External links== | |||
* {{Webarchive|url=https://web.archive.org/web/20130316134832/http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf |date=16 March 2013 }} | |||
* | |||
{{2002 Gujarat riots}} | |||
{{Railway accidents and incidents in 2002}} | |||
{{Authority control}} | |||
{{DEFAULTSORT:Godhra Train Burning}} | {{DEFAULTSORT:Godhra Train Burning}} | ||
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Latest revision as of 16:07, 22 November 2024
2002 rail transport fire in Gujarat, India
Godhra train burning | |
---|---|
Location | Godhra, Gujarat, India |
Coordinates | 22°46′41″N 73°35′52″E / 22.77806°N 73.59778°E / 22.77806; 73.59778 |
Date | 27 February 2002 7:43 a.m. |
Target | Hindu Karsevaks returning from Ayodhya |
Deaths | 59 |
Injured | 48 |
The Godhra train burning occurred on the morning of 27 February 2002, when 59 Hindu pilgrims and karsevaks returning from Ayodhya were killed in a fire inside the Sabarmati Express near the Godhra railway station in Gujarat, India. The cause of the fire remains disputed. The Gujarat riots, during which Muslims were the targets of widespread and severe violence, took place shortly afterward.
The Nanavati-Mehta Commission, appointed by the state government in the immediate aftermath of the event, concluded in 2008 that the burning was a pre-planned act of arson committed by a thousand-strong Muslim mob. In contrast, the Banerjee Commission, a one-member panel instituted in 2004 by then Rail Minister Lalu Prasad Yadav of the Ministry of Railways, characterized the fire as an accident in its 2006 report. However, the Gujarat High Court later ruled that the commission's appointment was unconstitutional and quashed all its findings. An independent investigation by a non-governmental organization also supported the theory that the fire was accidental. Scholars remain skeptical about the claims of arson.
In February 2011, the trial court convicted 31 Muslims for the train burning, relying heavily on the Nanavati-Mehta Commission report as evidence. In October 2017, the Gujarat High Court upheld the convictions.
27 February 2002 incident
In February 2002, thousands of devotees of Rama (known as "Ramsevaks" or "Kar Sevaks") traveled from Gujarat to Ayodhya at the behest of the Vishva Hindu Parishad to participate in a ceremony called the Purnahuti Maha Yagna. On 25 February, 1,700 people, a mix of pilgrims and karsevaks, boarded the Sabarmati Express, which was bound for Ahmedabad. On 27 February 2002, the train made a scheduled stop at Godhra around four hours late, at 7:43 am. As the train began to leave the platform, someone pulled the emergency brake, causing it to stop near the signal point. The train driver later stated that the brake chain had been pulled multiple times, as indicated by the instruments in his cabin.
According to one narrative, the train was attacked by a mob of around 2,000 people. After some stone-pelting, four train coaches were set on fire, trapping many people inside. Fifty-nine people, including 27 women and 10 children, were burned to death, while 48 others were injured. J. Mahapatra, the Additional Director General of Gujarat Police, stated that "miscreants had kept petrol-soaked rags ready for use much before the train had arrived at Godhra." In September 2008, the Nanavati-Mehta Commission submitted the first part of its report, which concluded that the burning of the S-6 coach of the Sabarmati Express near Godhra railway station was a "planned conspiracy."
The cause of the fire remains disputed. In 2003, the Concerned Citizens Tribunal concluded that the fire had been an accident.
Several independent commentators also concluded that the fire was almost certainly an accident, noting that the initial cause of the blaze was never conclusively determined. Historian Ainslie Thomas Embree stated that the official account of the train attack—that it was organized and carried out by people under orders from Pakistan—was entirely baseless. Scholar Martha Nussbaum similarly challenged this narrative, stating that several inquiries found the fire to be the result of an accident rather than a planned conspiracy.
Forewarning of the violent incident was also noted. Additional director general of police G. C. Raigar had informed prior to the Godhra train burning that the Vishwa Hindu Parishad (VHP) activists could instigate communal violence. He was removed from his post after he provided evidence to the media outlets to show that the state could be compromised by VHP activists who were arriving to and from Ayodhya.
Inquiries
Forensic Science Laboratory report
A study conducted by the Gujarat Forensic Science Laboratory concluded that the fire was caused by inflammable liquid poured into the coach by the attackers. Additionally, the report indicated that the fire started from inside the coach, which explains the minimal scorching on the exterior below the windows.
Nanavati-Mehta commission
Main article: Nanavati-Mehta CommissionAppointment
On 6 March 2002, the Gujarat government established a commission of inquiry to investigate the incident and submit a report. The commission was initially chaired by retired Gujarat High Court judge K.G. Shah as its sole member. However, Shah's alleged closeness to Narendra Modi drew sharp criticism from victims, human rights organizations, and political parties, leading to demands for the appointment of a Supreme Court judge. In response, the government reconstituted the commission as a two-member committee, appointing retired Supreme Court judge G.T. Nanavati to lead it, and it became known as the "Nanavati-Shah Commission."
Shah died in March 2008, just a few months before the committee submitted its first report. On 6 April 2008, the Gujarat High Court appointed retired judge Akshay Kumar Mehta to the committee. During its six-year investigation, the commission examined more than 40,000 documents and the testimonies of over 1,000 witnesses. Although the committee's initial term was three months, it received 22 extensions, until June 2014, to submit its final report.
Report
In September 2008, the commission submitted "Part I" of its report on the Godhra incident, supporting the theory originally proposed by the Gujarat police. The report identified Maulvi Husain Haji Ibrahim Umarji, a cleric in Godhra, and Nanumiyan, a dismissed Central Reserve Police Force officer, as the "masterminds" behind the operation. The committee's conclusion was supported by a statement from Jabir Binyamin Behra, a criminal in custody at the time, although he later denied making such a statement. Additionally, the report cited the alleged acquisition of 140 liters of petrol hours before the train's arrival, its storage at the guest house of Razzak Kurkur—accused of being a key conspirator—and forensic evidence indicating that fuel was poured on the train coach before it was set on fire. The report concluded that thousands of Muslims from the Signal Falia area attacked the train.
Reactions
The Communist Party of India (Marxist) and the Indian National Congress objected to the commission's exoneration of the Gujarat government, citing the timing of the report—just months before general elections—as evidence of unfairness. Congress spokesperson Veerappa Moily criticized the premature absolution of the Gujarat government for its alleged complacency in the carnage before the commission's second and final report was released. The CPI(M) argued that the report reinforced communal prejudices. The commission has also been heavily criticized by academics, such as Christophe Jaffrelot, for obstructing the course of justice, supporting the conspiracy theory too quickly, and allegedly ignoring evidence of governmental complicity in the incident.
Banerjee investigation
Appointment and report
On 17 May 2004, following the victory of the United Progressive Alliance (UPA) in the Indian general election, Lalu Prasad Yadav was appointed as Railway Minister. In September 2004, two and a half years after the train burning, Yadav appointed former Supreme Court Justice Umesh Chandra Banerjee to investigate the incident. In January 2005, Banerjee presented his interim report, which tentatively described the fire as an "accidental fire" after ruling out other theories. He cited a forensic report indicating that the injuries sustained by the victims were consistent only with an "internal fire." The report was also critical of the railways' handling of evidence relevant to the case.
High Court judgment
Banerjee's findings were challenged in the Gujarat High Court by Neelkanth Tulsidas Bhatia, who was injured in the incident. In October 2006, the court quashed Banerjee's conclusions, ruling that the investigation was "unconstitutional, illegal, and null and void." It declared the formation of the investigation to be a "colorable exercise of power with mala fide intentions" and deemed the argument of an accidental fire to be "opposed to the prima facie accepted facts on record." The High Court also directed that the report should not be tabled in Parliament.
Reactions
The BJP, then in opposition in the Union Parliament, dismissed the report as an attempt to influence the upcoming Bihar elections. It welcomed the High Court's judgment, viewing it as a setback for the Congress. Lalu Prasad Yadav, then the Minister for Railways, cited the report as evidence that the Narendra Modi government had orchestrated the riots that followed, calling it an exposure of the BJP.
Trial and court verdict
Arrests
By 28 February 2002, 51 people had been arrested in connection with the incident on charges of arson, rioting, and looting. On 17 March 2002, chief suspect Haji Bilal, a local town councillor and Congress worker, was captured by an anti-terrorist squad in Godhra. The FIR alleged that a 1,540-strong mob attacked the Sabarmati Express on 27 February, shortly after the delayed train left Godhra station. The president of Godhra municipality, Mohammed Hussain Kalota, was arrested in March. Other arrestees included corporators Abdul Razak and Shiraj Abdul Jamesha. Bilal was also alleged to have connections with gang leader Latif and was reported to have visited Karachi, Pakistan, several times.
The SIT filed a charge sheet before First Class Railway Magistrate P.K. Joshi, which spanned more than 500 pages. It stated that 59 people were killed in the S-6 coach of the Sabarmati Express when a mob of around 1,540 unidentified individuals attacked it near Godhra railway station. The 68 people accused in the charge sheet included 57 individuals charged with stoning and setting fire to the train. The charge sheet also noted that the mob attacked the police, prevented the fire brigade from reaching the burning train, and stormed the train a second time. Eleven others were charged as part of this mob. Initially, 107 people were charged, five of whom died while the case was still pending in court. Eight juveniles were tried in a separate court. During the trial, 253 witnesses were examined, and over 1,500 documentary pieces of evidence were presented to the court.
On 24 July 2015, the prime accused in the Godhra case, Hussain Suleman Mohammad, was arrested by the Godhra crime branch in Jhabua district, Madhya Pradesh. On 18 May 2016, a previously missing conspirator, Farooq Bhana, was arrested in Mumbai by the Gujarat Anti-Terrorist Squad. On 30 January 2018, Yakub Pataliya, aged 63, was arrested in Godhra by a team of B Division police after receiving a tip-off that he had been spotted in the town.
Prevention of Terrorism Act and trial
On 3 March 2002, The Prevention of Terrorism Ordinance (POTO) was invoked against all the accused, but it was later suspended due to pressure from the central government. On 9 March 2002, the police added criminal conspiracy charges. In May 2003, the first charge sheet was filed against 54 accused, though they were not charged under the Prevention of Terrorism Act (POTA). In February 2003, POTA was re-invoked against all the accused after the BJP retained control of the Gujarat legislature in the 2002 assembly elections.
In November 2003, the Supreme Court of India stayed the trial. In 2004, the POTA was repealed after the United Progressive Alliance (UPA) came to power, prompting a review of its invocation against the accused. In May 2005, the POTA review commission decided not to charge the accused under POTA. This decision was later unsuccessfully challenged by a victim's relative in the Gujarat High Court and, subsequently, on appeal before the Supreme Court.
In September 2008, the Nanavati Commission submitted its report on the incident. In 2009, after accepting the Special Investigation Team (SIT) report, the court appointed a special fast-track court to try the case and established five other fast-track courts to try the post-incident riots. The bench hearing the case also mandated that public prosecutors be appointed in consultation with the SIT chair. It ordered the SIT to serve as the nodal agency for witness protection, file supplementary charge sheets, and potentially cancel the bail of the accused.
More than 100 people were arrested in connection with the incident. The court was set up inside the Sabarmati Central Jail, where almost all the accused were confined. The hearings began in May 2009, with Additional Sessions Judge P.R. Patel designated to hear the case.
In May 2010, the Supreme Court restrained trial courts from pronouncing judgments in nine sensitive riot cases, including the Godhra train incident. The trial was completed in September 2010, but the verdict could not be delivered due to the Supreme Court's stay. The stay was lifted in January 2011, and the judge announced that the judgment would be pronounced on 22 February 2011.
Court verdict
In February 2011, the trial court convicted 31 people and acquitted 63 others, concluding that the incident was a planned conspiracy. The convictions were based on the provisions for murder and conspiracy under Sections 302 and 120B of the Indian Penal Code, as well as Sections 149, 307, 323, 324, 325, 326, 332, 395, 397, and 436 of the IPC, along with relevant sections of the Railway Act and Police Act. The death penalty was awarded to 11 convicts, including those believed to have attended a meeting the night before the incident where the conspiracy was formed, and those who, according to the court, entered the coach and poured petrol before setting it on fire. Twenty others were sentenced to life imprisonment.
Maulvi Saeed Umarji, whom the SIT believed to be the prime conspirator, was acquitted along with 62 other accused due to a lack of evidence. The convicted individuals filed appeals in the Gujarat High Court. The state government also challenged the trial court's decision to acquit 61 individuals and sought death sentences for 20 convicts who had been sentenced to life imprisonment.
Gujarat High Court verdict
In October 2017, the Gujarat High Court, accepting the prosecution's contention that there was a conspiracy behind the incident, commuted the death sentences of 11 convicts to life imprisonment while upholding the life sentences of 20 others. As a result, all 31 individuals convicted by the SIT court in 2011 were sentenced to life imprisonment. Meanwhile, the 63 others who had been acquitted by the trial court in 2011, including the alleged mastermind, were re-acquitted by the High Court. The court also ordered the state government and the railways to pay ₹10 lakh (equivalent to ₹14 lakh or US$16,000 in 2023) in compensation to the families of each of the 59 victims.
Reactions to the SIT investigation
BJP spokesperson Shahnawaz Hussain stated, "The theory propagated by the (central) government and some NGOs (Non-Governmental Organization) has been proved wrong...." Law Minister Veerappa Moily, a Congress Party member, said it was premature to comment and that the courts would take their own course. R. K. Raghavan, head of the Special Investigation Team (SIT), expressed satisfaction with the verdict. BJP spokesperson Ravi Shankar Prasad added that the verdict had exposed the "nefarious designs" of the UPA government, which he accused of trying to cover up the entire episode.
In popular culture
- Chand Bujh Gaya, a 2005 film, uses the Godhra train burning incident as the background for a love story.
- Kai Po Che!, a 2013 film, had the Gujarat riots as a backdrop for the main narrative. It was based on the novel The 3 Mistakes of My Life written by Chetan Bhagat.
- Final Solution, a 2004 documentary film, depicts the train burning and the Gujarat riots that followed.
- Accident or Conspiracy: Godhra, a 2024 film, based on a report set up to investigate the train burning incident.
- The Sabarmati Report, a 2024 film, starring Vikrant Massey follows him as a journalist probing the truth behind train burning incident.
See also
Notes
- POTO became an act as it was cleared by Parliament.
References
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There are competing versions as to how exactly the fire started in the train bogies. While the Nanavati commission of inquiry (NCI), instated soon after the Gujarat pogrom and completed in 2008, declared that the fire in the train bogies was a premeditated act by Muslim conspirators, the Banerjee commission, instated in 2004, questioned the theory of premeditation and called the incident an accident. The Gujarat High Court ruled the latter commission illegal in 2006. Both commissions of inquiry are regularly derided as "politically motivated" by respective opposing political constituencies. Uncertainties surrounding the incident remain.
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Hundreds of Muslims then allegedly attacked with stones and torches, particularly the two wagons where the fifty-nine victims were found. The facts must be stated with caution here, because expert reports and counter reports have continued to contradict each other ever since The idea that the attack was "pre-planned" has never been substantiated by the slightest piece of evidence.
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Because the fire was immediately preceded by a skirmish between the Hindu passengers and Muslims at the train station, the police – despite a lack of hard evidence – proceeded on the assumption that the fire was the result of a Muslim conspiracy.
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External links
- Report By The Commission of Inquiry Consisting of Mr. Justice G.T. Nanavati And Mr. Justice Akshay H. Mehta Archived 16 March 2013 at the Wayback Machine
- Detailed Report on the Godhra riots by the Concerned Citizens Tribunal
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