Supreme Court.
Credit: PTI Photo
The Supreme Court on Monday declined to consider at this stage a bail plea filed by three life term convicts in the 2002 Godhra train burning case in view of specific roles assigned to them.
"The incident is also a very serious incident. It is not an isolated death of one person," a three-judge bench led by Chief Justice of India D Y Chandrachud said.
The court, however, agreed to list the appeal filed by the convicts before a bench.
"We are not inclined at this stage to grant bail," the bench, also comprising Justices J B Pardiwala and Manoj Misra said, after noting this was not a case of killing of an individual.
The court passed its order after hearing Solicitor General Tushar Mehta on behalf of the state and senior advocate Sanjay Hegde for the accused.
The bench was informed that the charges against the three accused were not of just stone pelting. One accused was found guilty of being the main conspirator who also actively participated in the act of burning the bogie of the train, Mehta said.
Hegde said the convicts have remained in custody over 17 years in jail. He said the accusations against the two were just stone pelting while one of also accused of robbing the passengers of ornaments.
Mehta, for his part, controverted the submissions.
"Having regards to the specific role attributed to them, at this stage we are not willing to enlarge these individuals on bail. This will not affect their right of appeal," the bench said.
The bench, however, said it would prefer to list the appeal for consideration as it can't remain pending indefinitely.
On April 21, the top court had allowed a plea for bail to eight convicts, undergoing life term in the case, saying they had been in jail for about 17-18 years and the hearing on their appeal before it will take time.
The court, however, had refused similar relief to four others, who were awarded the death penalty, in the case.
Earlier, the Gujarat government had opposed the plea, saying, “This is the rarest of rare cases where 59 people, including women and children, were burnt alive.”
On December 15, 2022, the Supreme Court granted bail to one of the accused in the 2002 Godhra train burning case on the ground that he was a mere stone pelter.