The Gujarate High Court noted that the prosecution could not be a member of the illegal assembly or committed arson. File | Photo Credit: Hind
Almost two decades after their condemnation, the Gujarat High Court liberated three men in the case of 2002 riots after Godhra, decided that the evidence against them was unreliable and insufficient to convict.
The justice bench Gita Gopi overturned on May 29, 2006 the judgment of the Anand Rapid Court, which condemned Sachin Patel, Ashok Patel and Ashok Gupt to five years of strict imprisonment.
“The judge of the learned court committed a mistake of recognition of evidence. The conviction was not based on reliable and confirmed evidence. The identification of the accused was not proven during court proceedings,” said the High Court on Monday (28 July 2025).
The case related to violence that broke out the day after two Sabarmati Express coaches were ignited at Godhra 27 February 2002, killed 59 people and launched a large Riots in Gujarat.
According to the prosecution, the three petitioners were part of the crowd who gathered in an anand site, damaged trades and set fire to some of them, allegedly violated prohibiting orders issued by a district judge pursuant to Section 135 of the Police Police Act.
Of the nine people who faced court proceedings, four were convicted and issued five -year punishment under Indian Criminal Codes for unrest, arson and illegal assembly. One of the convicts died in 2009.
The High Court noted that the prosecution could not find out whether the petitioners were members of the illegal assembly or committed arson.
“None of their actions in the prosecution of a common object – ignition of things in the fire and damage to private and public property – was not proven during the court proceedings,” the court noted.
Published – 29 July 2025 22:30
