2002 Godhra train burning case: SC rejects plea for 3-judge bench, begins hearing appeals against conviction

NEW DELHI: The Supreme Court on Tuesday dismissed objections raised by some convicts in the 2002 Godhra train burning case, who argued that a two-judge bench could not hear their appeals since the matter involved death penalty.
Senior advocate Sanjay Hegde, representing two convicts, cited the Red Fort terror attack case where a three-judge bench had heard the matter, to argue that a similar procedure should be followed in the Godhra case.

“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,” Hegde submitted, citing a 2014 Constitution bench ruling that all death penalty cases confirmed by high courts must be heard by a three-judge SC bench.
However, a bench of Justices J K Maheshwari and Aravind Kumar rejected the plea, stating that the Gujarat High Court had not awarded or confirmed any death penalty but had instead commuted the trial court's capital punishment to life imprisonment for 11 convicts.
“The Gujarat High Court commuted the death penalty of 11 convicts into life imprisonment and did not award the death penalty. Therefore, a two-judge bench can hear the case under the rules,” Justice Maheshwari said.
“The objection is repelled,” the bench ruled, as it began the final hearing on the appeals.
On April 24, the apex court had said it would begin the final hearing on May 6 and 7 on multiple appeals—filed by the Gujarat government challenging the commutation of death sentences, and by several convicts challenging the high court’s verdict upholding their convictions.
On February 27, 2002, 59 people died when coach S-6 of the Sabarmati Express was set on fire near Godhra, triggering statewide riots.
The Gujarat High Court in 2017 had upheld the convictions of 31 people and commuted the death penalties awarded to 11 of them by the trial court.