NEW DELHI: The Supreme Court has rejected a plea by a few convicts that a two-judge bench cannot hear their appeals against conviction, as the matter involved the death penalty to 11 accused in the 2002 Godhra train burning case.
A bench of Justices J K Maheshwari and Aravind Kumar told the counsel that the rule and the apex court judgment did not bar hearing of the appeals in the present case by a two-judge bench, and commenced the final hearing in the matter.
The matter was related to on February 27, 2002 incident wherein, 59 people were killed as the S-6 coach of the Sabarmati Express was burnt by the convicts at Gujarat's Godhra, triggering riots in the state.
When the matter came up for hearing, senior advocate Sanjay Hegde, representing two convicts in the case, referred to the Red Fort terror attack case.
The counsel submitted that Mohammad Arif alias Ashfaq was sentenced to death in the Red Fort terror attack case and in that case, it was held that a three-judge bench has to hear cases pertaining to capital punishment.
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The bench, however, said, in the present case, the Gujarat High Court commuted the death penalty of 11 convicts to life imprisonment and did not award the death penalty. The trial court had awarded the death penalty in this case.
In a judgment delivered in September 2014 in the Red Fort case, a constitution bench of the apex court had ruled that in all cases in which a death sentence was awarded by the high court, such matters be listed before a bench of three judges.
Hegde contended that if a two-judge bench were to hand down the death penalty to some accused in the matter, then it has to be re-argued before another bench of three judges.
The bench made it clear that it is not inclined to accept this contention.
Citing relevant Supreme Court rules and the judgment, the bench said a three-judge bench has to hear appeals in cases where the high courts have either confirmed the death penalty or awarded it after hearing the appeals of parties. “The objection is repelled,” the bench said.
In April, the court had indicated that it would begin the final hearing in the matter on May 6 and May 7. The hearing will be on the appeals filed by the Gujarat government and several other convicts in the 2002 Godhra train burning case.
Several appeals have been filed against the October 2017 verdict of the Gujarat High Court. The high court had upheld the conviction of several convicts and commuted the death penalties of 11 people to life terms. Several convicts have challenged the high court's decision to uphold their convictions in the case. The state government has moved the apex court against the commutation of the death penalty to life term for the 11 convicts.
