Godhra Train Burning: SC Turns Down Convicts’ Plea Against 2-Judge Bench Hearing Appeals

Godhra Train Burning

The Supreme Court on Tuesday turned down the request by several convicts in the 2002 Godhra train burning case to have their appeals heard by a 3-judge bench, despite the trial court’s award of death sentences to 11 of the accused.

A 2-judge panel—Justices J.K. Maheshwari and Aravind Kumar—ruled there was no legal requirement to expand the bench under the current circumstances.

Convicts’ Counsel Points To Precedent

Senior advocate Sanjay Hegde, appearing for two of the convicts, relied on the Supreme Court’s decision in the Red Fort terror attack case. In that matter, which resulted in Mohammad Arif alias Ashfaq receiving the death penalty, the Court held that capital punishment appeals must go before a 3-judge bench.

“Suppose, this bench of two judges decides to award the death penalty to some accused, then it has to be re-argued before another bench of three judges,” Mr. Hegde argued, urging the Court to defer its hearing until a larger bench could reconvene.

Bench Clarifies Rule Application

The bench referred to both the Supreme Court Rules and the Constitution bench’s September 2014 ruling, which stipulates that appeals against a high court’s confirmation or imposition of a death sentence must proceed before three judges. However, Justice Maheshwari emphasized the distinction:

“The Gujarat High Court, in the present case, commuted the death penalty of 11 convicts into life imprisonment and did not award the death penalty…The trial court had awarded the death penalty in this case.”

Since the high court neither upheld nor imposed the death sentence, the requirement for a three-judge bench did not apply. “The objection is repelled,” the bench declared, paving the way for the two judges to continue the final hearing.

Upcoming Final Arguments

On April 24, the Supreme Court had announced that it would conduct the conclusive hearings on May 6 and 7. The appeals before it include those filed by the Gujarat government—challenging the reduction of 11 death sentences to life terms—and by various convicts contesting the high court’s affirmation of their convictions.

Godhra Case

On February 27, 2002, 59 passengers aboard coach S-6 of the Sabarmati Express perished when the coach was set ablaze at Godhra station in Gujarat. The incident triggered widespread communal riots across the state. In subsequent trials, the sessions court sentenced 11 individuals to death and convicted 31 others.

In October 2017, the Gujarat High Court upheld the convictions of all 31 and commuted the 11 death sentences to life imprisonment. The state appealed the commutations, while several convicts challenged the upholding of their convictions, leading to the present Supreme Court proceedings.

Significance Of The Decision

By rejecting the bid for a three-judge bench, the Supreme Court has clarified the procedural boundary between trial court verdicts and high court confirmations in capital cases. The decision ensures that the Court can hear appeals efficiently, focusing on the merits rather than procedural technicalities. The two-judge bench will now proceed without delay to deliver its final judgments.