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{{Short description|2002 rail transport fire in Gujarat, India}} | |||
{{Use Indian English|date=April 2017}} | {{Use Indian English|date=April 2017}} | ||
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{{Use dmy dates|date=April 2024}} | ||
{{Infobox civilian attack | {{Infobox civilian attack | ||
| title = Godhra train burning | | title = Godhra train burning | ||
| partof = | | partof = | ||
| image = | | image = | ||
| image_size = | | image_size = | ||
| alt = | | alt = | ||
| caption = | | caption = | ||
| map = | | map = | ||
| map_size = | | map_size = | ||
| map_alt = | | map_alt = | ||
| map_caption = | | map_caption = | ||
| location = ], ], India | | location = ], ], India | ||
| target = | | target = ] ] returning from ] | ||
| coordinates = {{coord|22| |
| coordinates = {{coord|22|46|41|N|73|35|52|E|region:IN|display=inline,title}} | ||
| date = 27 February 2002 | | date = 27 February 2002 | ||
| time = 7:43 a.m. | | time = 7:43 a.m. | ||
| |
| fatalities = 59 | ||
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| injuries = 48}} | ||
{{Violence against Hindus in independent India}} | |||
| fatalities = 59 | |||
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" /> | |||
| injuries = 48 | |||
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}} | |||
{{Violence against Hindus in post-1947 India}} | |||
The '''Godhra train burning''' was an incident that occurred on the morning of 27 February 2002, in which 59 people died in a fire inside the ] train near the ] railway station in the Indian state of ].<ref name="tribunal">{{cite web|title=Crimes against Humanity (3 volumes)|url=http://www.sabrang.com/tribunal/|website=www.sabrang.com|publisher=Official report on godhra riots by the Concerned Citizens Tribunal|accessdate=5 July 2017}}</ref>{{sfn|The Times of India|2011}} The victims included ] pilgrims who were returning from the city of ] after a religious ceremony at the disputed ] site.{{sfn|BBC|2011}} The incident reportedly had begun initially as an argument between the passengers and the platform tea vendors regarding non payment.<ref>{{cite news|last1=Chandrasekaran|first1=Rajiv|url=http://www.milligazette.com/Archives/15032002/1503200214.htm|accessdate=5 July 2017|agency=Washington Post|publisher=Milli Gazette|date=5 March 2002|quote=When the train pulled into this hardscrabble town in western India on the morning of Feb. 27, the reputation of its rowdiest passengers preceded it. When they refused to pay for their food, Muslim boys among the vendors at Godhra station stormed the train.}}</ref>The ] set up by the ] to investigate the train burning spent 6 years going over the details of the case, and concluded that the fire was arson committed by a mob of 1,000 to 2,000 people.{{sfn|NDTV|2011}} A commission appointed by the central government, whose appointment was later held to be unconstitutional, stated that the fire had been an accident.{{sfn|Jaffrelot|2012|p=80}} A court convicted 31 Muslims for the incident and the conspiracy for the crime,{{sfn|Burke|2011}} although the actual causes of the fire have yet to be proven conclusively.{{sfn|Jeffery|2011|p=1988}}<ref name="Metcalf 2012">{{cite book|last=Metcalf|first=Barbara D.|title=A Concise History of Modern India|year=2012|publisher=Cambridge University Press|isbn=978-1107026490|page=280}}</ref> | |||
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> | |||
The event is widely perceived as the trigger for the ] that followed, which resulted in widespread loss of life, destruction of property and homelessness. Estimates of casualties range from the official figures of 790 Muslims and 254 Hindus,{{sfn|Ghassem-Fachandi|2012|p=283}} to upwards of 2,000 casualties.{{sfn|Jaffrelot|2003|p=16}} | |||
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> | |||
==27 February 2002 incident== | ==27 February 2002 incident== | ||
] | ] | ||
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> | |||
] | |||
In February 2002, thousands of devotees of ] (known as "Ramsevaks" or "]s") had gone from ] to ] at the behest of the ] to take part in a ceremony called the ''Purnahuti Maha Yagna''. On 25 February, 2,000–2,200 Ramsevaks 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|accessdate=11 May 2013|newspaper=Rediff|date=27 February 2002}}</ref> Hindu activists in cars S-5 and S-6 reportedly failed to pay vendors for food at each stop the train made, and pulled headscarves off Muslim passengers.<ref>{{cite news|last1=Chandrasekara|first1=Rajiv|title=What really happened at Godhra|url=http://www.milligazette.com/Archives/15032002/1503200214.htm|accessdate=5 July 2017|agency=Washington Post|publisher=Milli Gazette|date=5 March 2002|quote=For two days, as the Sabarmati Express snaked across northern India, some Hindu activists in cars S-5 and S-6 carried on like hooligans. They exposed themselves to other passengers. They pulled headscarves off Muslim women. They evicted a family of four in the middle of the night for refusing to join in chants glorifying the Hindu god Ram. They failed to pay for the tea and snacks they consumed at each stop.}}</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> | |||
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> | |||
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> | |||
On 27 February 2002, the train made its scheduled stop at Godhra about four hours late, at 7:43 am. As the train started leaving the platform, someone pulled the ] and the train stopped near the signal point. The driver of the train later stated that the chain had been pulled multiple times, judging by the instruments in his cabin.<ref name=driver>{{cite news|title=Sabarmati Express drivers appear before panel |url=http://articles.timesofindia.indiatimes.com/2002-07-19/ahmedabad/27297556_1_assistant-driver-mukesh-pachauri-train|accessdate=30 November 2013|newspaper=The Times of India|date=16 July 2002}}</ref> | |||
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> | |||
News of the activists' behaviour preceded the train's arrival into Godhra; according to some accounts, when activists on the train again refused to pay vendors,<ref>{{cite news|last1=Chandrasekaran|first1=Rajiv|title=What really happened at Godhra?|url=http://www.milligazette.com/Archives/15032002/1503200214.htm|accessdate=5 July 2017|agency=Washington Post|publisher=Milli Gazette|date=5 March 2002|quote=When the train pulled into this hardscrabble town in western India on the morning of Feb. 27, the reputation of its rowdiest passengers preceded it. When they refused to pay for their food, Muslim boys among the vendors at Godhra station stormed the train.}}</ref> the train was attacked by a mob of around 2,000 people. After some stone-pelting, four coaches of the train were set alight, trapping many people inside. 59 people including 27 women and 10 children were burnt to death, and 48 others were injured. According to J Mahapatra, ] of the ] police, "miscreants had kept the petrol-soaked rags ready for use much before the train had arrived at the ]".{{sfn|Singh|2002}} ] has challenged this narrative, stating that several inquiries have found that the conflagration was an accident rather than a planned conspiracy.{{sfn|Nussbaum|2008|p=81}}{{sfn|Nussbaum|2007|p=17-19}} ] has blamed the "amazing distortions introduced by Congress and its leftist allies" as the reason why the facts are not widely known and accepted.{{sfn|Kishwar|2014|p=187}} | |||
==Inquiries== | ==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.<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> | |||
===Nanavati-Mehta commission=== | |||
===Forensic Science Laboratory Report=== | |||
{{Main|Nanavati-Mehta Commission}} | |||
A study conducted by the Gujarat Forensic Science Laboratory report states that 60 liters of inflammable liquid had been poured into coach S-6 of the train using a wide mouthed container. It had been poured by standing on the passage between the northern side-door of the eastern side of the coach, which had been set on fire immediately thereafter. The report also concluded that there had been heavy stone pelting on the train.<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|accessdate=13 April 2014}}</ref><ref name=FSLReport>{{cite web|title=Report of Forensic Science Laboratory, State of Gujarat|url=http://www.outlookindia.com/article.aspx?218028|publisher=Outlook|date=22 November 2002|accessdate=19 April 2014}}</ref> | |||
====Appointment==== | |||
===Nanavati-Shah commission=== | |||
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}} | |||
{{Main article|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.<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> | |||
==== Appointment ==== | |||
On 6 March 2002 the Gujarat government set up a commission of inquiry to investigate the incident and submit a report, the chairman and sole member of which was retired ] judge K G Shah.<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 |accessdate=4 June 2013}}</ref> However, Shah's alleged closeness to Narendra Modi generated fierce criticism from the victims, human rights organisations, and political parties, and led to a demand for the appointment of a ] judge to the commission. As a result, the government reconstituted the commission into a two-member committee, appointing retired Supreme Court judge G T Nanavati to lead the commission, which thus became known as the "Nanavati-Shah Commission".{{sfn|Jaffrelot|2012|p=79}} Shah died in March 2008, just a few months prior to the committee submitting its first report, and the Gujarat High Court then appointed retired judge Akshay Kumar Mehta to the committee 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 |deadurl=yes |archiveurl=https://web.archive.org/web/20131203025216/http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75 |archivedate=3 December 2013 |df=dmy }}</ref> The commission, during its six-year probe, examined more than 40,000 documents and the testimonies of more than 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 |accessdate=11 May 2013 |newspaper=IndLaw |deadurl=yes |archiveurl=https://web.archive.org/web/20131203025211/http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6 |archivedate=3 December 2013 |df=dmy }}</ref> The initial term of the committee was three months long; however, it received 22 extensions, till 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/|accessdate=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|accessdate=19 April 2014|newspaper=Times of India|date=1 January 2014}}</ref> | |||
====Report==== | ====Report==== | ||
In September 2008, the commission submitted |
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 exoneration of the Gujarat government |
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> | ||
===Banerjee investigation=== | ===Banerjee investigation=== | ||
====Appointment and report==== | |||
] | |||
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==== | ||
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}} | |||
On 17 May 2004, with the victory of the ] (UPA) in the Indian general election, ] was appointed railway minister. In September 2004, two and 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 ascribed the fire as an "accidental fire," after ruling out other theories. He cited a forensic report stating that the injuries on the victims were only compatible with an "internal fire." The report was also critical of the railways' handling of the 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|publisher=DNA India|accessdate=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|accessdate=2 April 2014}}</ref> | |||
==== 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 the conclusions of Banerjee and ruled that the investigation was "unconstitutional, illegal and null and void", declared its formation to be a "colourable exercise of power with mala fide intentions", and its argument of accidental fire "opposed to the prima facie accepted facts on record." The High Court also directed that the report should not be tabled in the Parliament.<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><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|publisher=IBN Live|accessdate=25 March 2014}}</ref> | |||
====Reactions==== | ====Reactions==== | ||
The BJP, |
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== | ==Trial and court verdict== | ||
===Arrests=== | ===Arrests=== | ||
By 28 February 2002, 51 people had been arrested |
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 |
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> | ||
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> | |||
===Prevention of Terrorism Act and trial=== | ===Prevention of Terrorism Act and trial=== | ||
On 3 March 2002, The ] was invoked against all the accused |
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 /> | ||
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. | |||
In November 2003, the Supreme Court of India put a stay on the trial. In 2004, the POTA was repealed after the United Progressive Alliance (UPA) came to power, prompting it to review the invocation of the POTA against the accused. In May 2005, the POTA review commission decided not to charge the accused under POTA. This was later unsuccessfully challenged by a relative of the victim before the Gujarat High Court and later on appeal before Supreme Court. In September 2008, the Nanavati Commission submitted its report on the 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 to try the case along with 5 other fast track courts established to try the post-incident riots. The bench hearing the case also said that public prosecutors should be appointed in consultation with the SIT chairman. It ordered that the SIT would be the nodal agency for deciding about witness protection and also asked that 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=The Hindu|date=2 May 2009|location=Chennai, India}}</ref> More than 100 people were arrested in relation to the incident. The court was set up inside the ], where almost all of the accused were confined. 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. | |||
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> | |||
In May 2010, Supreme Court restrained the trial courts from pronouncing judgement in nine sensitive riot cases, including Godhra train incident. The trial was completed in September 2010; however, the verdict could not be delivered because of the Supreme Court stay.<ref name=liveindia1 /> The stay was lifted in January 2011 and the 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> | |||
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> | |||
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=== | ===Court verdict=== | ||
In February 2011, the trial court convicted 31 people and acquitted 63 others, |
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, |
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> | |||
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 Veerappa Moily (a Congress Party member) said it was premature to comment and that the courts 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 India|date=22 February 2011}}</ref><ref> Outlook India – 22 February 2011</ref> ], who was the head of the Special Investigating Team, said he was satisfied with the verdict. BJP spokesperson, ] said the verdict had exposed the nefarious designs of the UPA government which tried to cover up the entire episode.<ref name="OL-reactions" /> | |||
===Reactions to the SIT investigation=== | |||
==In Popular culture== | |||
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> | |||
* ''Chand Bujh Gaya'', a 2005 film, uses the Godhra train burning incident as the background for a love story.<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> | |||
* The 2013 film '']'' had the Gujarat riots as a backdrop for the main narrative. It was based on the novel '']'' written by ]. | |||
==In popular culture== | |||
* The 2003 documentary '']'' depicts the train burning and the ] that followed. | |||
* '']'', 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== | ||
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==Bibliography== | ==Bibliography== | ||
{{ |
{{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| 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= {{sfnref|BBC|2011}} }} | |||
* {{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|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|ref= harv}} | |||
* {{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 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|accessdate=5 April 2014|newspaper=The Guardian|date=22 February 2011|ref= {{sfnref|Burke|2011}} }} | |||
* {{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 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| |
* {{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?|journal=Economic & Political Weekly|date=25 February 2012|volume=XLVII|issue=8|pages=77–80 |
* {{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= |
* {{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 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 | accessdate=9 June 2013|ref= {{sfnref|NDTV|2011}} }} | |||
* {{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=Nussbaum|first=Martha C.|title=Values and Violence: Intangible Aspects of Terrorism|year=2008|publisher=Springer|isbn=978-1402086595|pages=81–97|editor=Ibrahim A. Karawan |editor2=Ibrāhīm Karawān |editor3=Wayne McCormack |editor4=Stephen E. Reynolds |chapter=The Clash Within: Democracy and the Hindu Right|ref= {{sfnref|Nussbaum|2007}}}} | |||
* {{cite book|last= |
* {{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}} | |||
* {{cite news|last=Singh|first=Onkar|title=No women kidnapped in Godhra: Police|url=http://www.rediff.com/news/2002/mar/06train1.htm|accessdate=6 April 2014|newspaper=Rediff|date=7 March 2002|ref= {{sfnref|Singh|2002}} }} | |||
* {{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= {{sfnref|The Times of India|2011}} }} | |||
{{refend}} | |||
==External links== | ==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 |
{{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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- ^ Ghassem-Fachandi, Parvis (2012). Pogrom in Gujarat: Hindu Nationalism and Anti-Muslim Violence in India. Princeton University Press. pp. 31–33, 93–100. ISBN 978-0-691-15176-2.
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.
- ^ Jaffrelot, Christophe (2021). Modi's India: Hindu nationalism and the rise of ethnic democracy. Princeton University Press. pp. 39, 476. ISBN 9780691206806.
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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Bibliography
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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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