In jail for 17 years, Godhra train burning convict gets bail

NEW DELHI: The Supreme Court on Thursday granted bail for the first time on merit to one of the convicts in the Godhra train burning case, in which 59 people were charred to death, taking into consideration his 17 year-long imprisonment. The court granted bail to Faruk, aka Haji Bhuriyo Abdul Sattar Ibrahim Gaji, who was convicted and sentenced to life for instigating a mob and pelting stones on coach no. S-6 of Sabarmati Express after it was set on fire.
Solicitor general Tushar Mehta told the bench that he was not a mere stone-pelter but instrumental in instigating a mob to pelt stones at the burning coach so as to prevent the passengers escaping. He was also responsible for attempting to obstruct fire engines from reaching the site, Mehta said.
Appearing for Faruk, the Godhra train burning convict seeking bail from the Supreme Court, senior advocate S Nagamuthu told the court that Faruk’s appeal against the HC order upholding his life sentence is pending in the SC since 2018. Faruk has already served 17 years and nine months in prison, being arrested on November 18, 2004, and is thus is entitled to bail during the pendency of his appeal in the SC, Nagamuthuargued.
The bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said, “Having regard to the facts and circumstances of the present case and the role attributed to the applicant, we direct that the applicant be released on bail, subject to such terms and conditions as may be imposed by the concerned sessions court. ”
The Gujarat HC in 2017 had commuted the death sentences of 11 convicts tolife imprisonment and upheld life sentences awarded to 20 more and the acquittals of 63 accused in the case, in which 59 Hindu pilgrims — 29 men, 22 women and eight children — were charred to death after the Sabarmati Express was brought to a halt and set afire near a Muslim locality minutes after it left Godhra station on February 27, 2002.
Faruk is the first to getbail on merit as the SC on May 13 had granted interim bail to lifer Abdul Raheman Dhantiya on the ground that his wife suffered from terminal cancer and there was no one to take care of their mentally challenged daughters. In November, the SC extended the interim bail till March 31 next year.
The SG requested the CJIled bench to post the appeals for final hearing. The SC asked Gujarat counsel Swati Ghildiyal to segregate the bunch of petitions and submit a note to the court registry for listing of the appeals for final hearing.