BJP MLA Maya Kodnani acquitted from Naroda Patiya massacre, Babu Bajrangi along with 11 others Sentenced

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

Gujarat High Court on Friday, April 20th acquitted former Bharatiya Janata Party (BJP) MLA Maya Kodnani from Naroda Patiya case but sentenced Babu Bajrangi and 11 others to 21 years in jail.

Facts of the case

In one of the worst communal riots of modern day in India, the Gujarat riots shocked the nation by its brutality. Following the Godhra train incident where 59 Hindu kar sevaks were allegedly killed by Muslims riots broke out in Gujarat. On February 28, 2002 riot 97 people were massacred to death in Naroda Patiya area by rioters in the bandh called by Vishwa Hindu Parishad and Bajrang Dal.

Former Minister and BJP leader Maya Kodnani, a gynaecologist by profession who had been at her nursing home in the area was accused by more than a dozen witnesses of instigating violence against the Muslims. She was allegedly spewing insults and inciting the public to physically harm the Muslims populace of the area. She was alleged to have supplied swords to the rioting public and at one point even fired a pistol.

Even after being accused of such serious crime she was not charged then. She went on to win elections and even become a cabinet minister, in Chief Minister Narendra Modi’s government until she was finally arrested in 2009. In 2012, a special court convicted her of criminal conspiracy under section 120 (B) of the IPC and sentenced her along with 32 accused. She was sentenced to 28 years in prison whereas Babu Bajrangi, co-accused and Bajrang Dal leader was sentenced to life imprisonment till death.

Court ruling

All the accused appealed against their convictions to Gujarat High Court. A Division Bench comprising of Justice HN Devani and Justice AS Supehia heard the case of the 32 accused and also of the 29 persons who were released by the special court judge because of lack of evidence. The Court took note of the fact that the Supreme Court-appointed Special Investigation Team (SIT) sought for enhanced punishments for all the accused. It was also noted that Kodnani was named by the trial court, “accused 37 (Kodnani) has been proved to be the kingpin of the entire communal riot and one of the principal conspirators who has actively instigated the rioters and has abetted them to form unlawful assembly to execute the conspiracy hatched under her leadership with other co-conspirators.”

After the conclusion of the hearing, the Division Bench of the High Court had reserved the order in August last year and finally ruled on the case of Kodnani and Bajrangi and other accused. Kodnani was acquitted by the Court and was given benefit of doubt as the Court observed, “Maya Kodnani’s delayed nailing in the case cannot be accepted.” The High Court pointed out that before the SIT investigation commenced in 2008 she was not named as an accused in this case in the original FIR. But accused Bajrangi was sentenced to 21 years in prison, his sentence being commuted from life imprisonment. 7 accused had been given enhanced life imprisonment of 21 years under IPC section 326 (causing grievous hurt), and the remaining accused had been given simple life imprisonment of 14 years.

The Court remarked on the callous disregard of the investigation procedure followed by the Gujarat police while investigating the case. Prashant Desai, the special public prosecutor of this case observed, “eleven witnesses gave different statements on Maya Kodnani’s presence at the location but there were some contradictions,” which the Court could not ignore and had to acquit Kodnani from the case.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -