Naroda Patiya verdict: Maya Kodnani’s journey from mastermind to acquitted

Maya Kodnani, former Gujarat minister and BJP MLA, was on April 20 acquitted in the 2002 Naroda Patiya riots case by the Ahmedabad High Court. The trial court had, in 2012, held Kodnani to be the “mastermind” in the case, the bloodiest episode of the post-Godhra violence in 2002, in which 97 Muslims were killed.

Kodnani’s acquittal, which was marked by several judges recusing themselves and a high-profile testimony in her favour by BJP president Amit Shah, is the second that has raised eyebrows in this week – on April 16, all accused, including Swami Aseemanand, were acquitted in the 2007 Hyderabad Mecca Masjid blast case, for “want of evidence”.

The HC gave Kodnani the benefit of doubt. It also commuted the sentence of another convict, Babu Bajrangi, to a 21-year jail term from life in prison.

The verdict has left many unanswered questions for the riot victims and for the public at large.

From mastermind to acquitted

Kodnani, a gynaecologist, was the MLA of Naroda when a coach of Sabarmati Express was torched near Godhra station, killing 59 kar sevaks. The aftermath saw thousands of Muslims killed and their properties burnt by Hindu mobs, and the state government, led by Narendra Modi, came under heavy fire for its alleged inaction in controlling the violence.

According to the Special Investigation Team that probed the Naroda Patiya riot, Kodnani was seen getting off her car at the spot by 11 witnesses. Witnesses told the court that she handed out swords to rioters, incited them to attack Muslims, and fired a pistol herself.

The official SIT statement said: “Dr Maya Kodnani, the MLA of the said area, after completing the mourn meeting in the Vidhan Sabha came near Noorani Masjid and as per the evidence on record she made some speech and said 'kill Muslims, destroy the property of Muslims'.” 

After the riots, she was made minister for women and child development by then CM Narendra Modi.

The HC, however, said that out of the 11 witnesses, none had named her when the riots case was being registered. The SIT countered this by saying that the witnesses were all poor people whose houses had been attacked and burnt, and might have been too scared while giving their initial statements. However, the HC held that to be sufficient grounds to establish that no case of criminal conspiracy could be made out against Kodnani.

Govt didn’t allow SIT to seek stricter punishment

Naroda Patiya was the first case where the SIT did not seek death sentence for the accused. The Gujarat HC had been hearing a clutch of petitions — of the convicts against the trial court order by the SIT that had sought enhancement in punishment, and of the victims against the acquittals.

However, the SIT did not seek enhancement for Kodnani’s punishment, saying the state government did not give permission for it.

During the course of the hearing, several judges had recused themselves from the case. The seventh to do so, in November 2016, was Justice Akil Kureshi, who had expressed his “anguish”, saying: “It is very painful. We will not say anything but it tarnishes the image of the institution and confidence of people... this should not have happened. I am bound by the court... I have no interest in this case.”

In September 2017, Amit Shah, by then the president of BJP enjoying absolute majority in Parliament, provided Kodnani a powerful alibi by deposing in court. He said: “She was inside the state Assembly at 8.30 am... and then I left for Sola Hospital as it was in my constituency. I reached there between 9.30am to 9.45am and met Maya Kodnani there.”

However, earlier, the trial court had observed: “This court is of the opinion that Gandhinagar and Ahmedabad are twin cities, hardly at a distance of 30km from each other. Therefore, if the accused was relieved at 8.40am, it is not difficult for her to reach Naroda Patiya after 9am.”

The wrong shade of crime

Ever since the Modi government came to power, the fortunes of Hindu hardliners accused in various cases seem to have changed for the better. Lt Col Shrikant Prasad Purohit, accused in the 2008 Malegaon blast case, was last year welcomed back into the Army in front of television cameras. Swamy Aseemanand was acquitted in the Mecca Masjid blasts case recently, Sadhvi Pragya, also accused in the 2008 Malegaon blasts and other cases, is out on bail.  

The case’s former special prosecutor, Rohini Salian, had, in 2015, claimed that the NIA had asked her to “go soft” on the accused.

While governments change, institutions like the judiciary are permanent. If decisions from such bodies come under a cloud, it is a deep setback to the most vulnerable, who look to the courts as the last pillar of faith.

Also read: Why deleting 'anti-Muslims' from Class 12 book reference to 2002 Gujarat riots is unjust