The Supreme Court on Thursday granted bail to a Muslim youth named Farook, sentenced to life in the Godhra carnage case, considering the fact that his role was of stone-pelting at the train and he spent 17 years in jail.
A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed the order in an interlocutory application filed by Farook in the appeal pending in the top court.
“In the facts of the case, the application of bail made by Faruk, accused no. 4, is granted. The applicant was convicted of offences punishable under Section 302 IPC and sentenced to suffer imprisonment for life. The High Court dismissed his appeal on 9th October 2017. The applicant has sought bail on the ground that he has been in custody since 2004 and has undergone imprisonment for about 17 years. In view of the facts and circumstances of the case and the role attributed to the applicant, we direct the applicant to be granted bail subject to such terms and conditions as may be imposed by the Sessions Court,” read the bail order by CJI DY Chandrachud.
Gujarat state’s lawyer, Solicitor General of India Tushar Mehta argued that the case was not “mere stone-pelting” by Farook, as his acts prevented people from escaping the burning train coach.
“He instigated the others, pelted stones and injured the passengers. Under normal circumstances, pelting of stones may be a less grave of an offence. But this is different,” Mehta said.
The crime which took place on February 27, 2002, resulted in the killing of 58 persons in a fire inside the S-6 coach of Sabarmati express which was carrying kar sevaks from Ayodhya. The Godhra carnage triggered Muslim genocide in Gujarat. More than 2000 Muslims were killed during the genocide.