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'{{Short description|2002 rail transport fire near Godhra Station, Gujarat, India}} {{Use Indian English|date=April 2017}} {{Use dmy dates|date=April 2017}} {{Infobox civilian attack | title = Godhra train burning | partof = | image = | image_size = | alt = | caption = | map = | map_size = | map_alt = | map_caption = | location = [[Godhra]], [[Gujarat]], India | target = [[Hindu]] [[Karsevaks]] returning from [[Ayodhya]] | coordinates = {{coord|22|46|41|N|73|35|52|E|region:IN|display=inline,title}} | date = 27 February 2002 | time = 7:43&nbsp;a.m. | timezone = | type = | fatalities = 59 | injuries = 48 | victims = <!-- or | victim = --> | perps = <!-- or | perp = --> | susperps = <!-- or | susperp = --> | weapons = [[Petrol bombs]], [[stones]], [[wikt:stick|stick]]s | numparts = <!-- or | numpart = --> | dfens = <!-- or | dfen = --> | motive = | accused = [[ Hussain Umarji ]] }} {{Violence against Hindus in independent India}} The '''Godhra train burning''' occurred on the morning of 27 February 2002, in which 59 Hindu pilgrims and ''[[karsevaks]]'' returning from [[Ayodhya]] were killed in a fire inside the [[Sabarmati Express]] train near the [[Godhra]] railway station in the Indian state of [[Gujarat]].<ref>{{cite book|title=The Fundamentalist City?: Religiosity and the Remaking of Urban Space|url=https://books.google.com/books?id=uKnHBQAAQBAJ&pg=PT34|quote=godhra train burning which led to the gujarat riots of 2002|publisher=Routledge|page=34|author=Nezar AlSayyad, Mejgan Massoumi|isbn=9781136921209|date=13 September 2010|access-date=12 January 2020|archive-date=9 March 2020|archive-url=https://web.archive.org/web/20200309110528/https://books.google.com/books?id=uKnHBQAAQBAJ&pg=PT34|url-status=live}}</ref><ref>{{cite book|title=Communal Violence, Forced Migration and the State: Gujarat since 2002|quote=gujarat 2002 riots caused godhra burning|publisher=Cambridge University Press|page=98|url=https://books.google.com/books?id=MiW8CwAAQBAJ&pg=PA98|author=Sanjeevini Badigar Lokhande|isbn=9781107065444|date=13 October 2016|access-date=12 January 2020|archive-date=9 March 2020|archive-url=https://web.archive.org/web/20200309110530/https://books.google.com/books?id=MiW8CwAAQBAJ&pg=PA98|url-status=live}}</ref><ref>{{cite book|title=Resurgent India|url=https://books.google.com/books?id=8xxqCwAAQBAJ&pg=PA70|page=70|publisher=Prabhat Prakashan|isbn=9788184302011|year=2014|access-date=12 January 2020|archive-date=9 March 2020|archive-url=https://web.archive.org/web/20200309110531/https://books.google.com/books?id=8xxqCwAAQBAJ&pg=PA70|url-status=live}}</ref><ref>{{cite book|author=Isabelle Clark-Decès|publisher=John Wiley & Sons|url=https://books.google.com/books?id=98uLj5FpTHQC|title=A Companion to the Anthropology of India|quote=the violence occurred in the aftermath of a fire that broke out in carriage of the Sabarmati Express train|isbn=9781444390582|date=10 February 2011|access-date=12 January 2020|archive-date=10 November 2017|archive-url=https://web.archive.org/web/20171110135901/https://books.google.com/books?id=98uLj5FpTHQC|url-status=live}}</ref><ref name="tribunal">{{cite web|title=Crimes against Humanity (3 volumes)|url=http://www.sabrang.com/tribunal/|website=www.sabrang.com|publisher=Official report on godhra riots by the Concerned Citizens Tribunal|access-date=5 July 2017|archive-date=15 January 2020|archive-url=https://web.archive.org/web/20200115112215/https://www.sabrang.com/tribunal/|url-status=live}}</ref><ref>{{cite news |url=http://articles.timesofindia.indiatimes.com/2011-03-01/india/28643060_1_haji-billa-godhra-train-rajjak-kurkur |title=Death for 11, life sentence for 20 in Godhra train burning case |date=1 March 2011 |access-date=12 February 2021 |archive-date=8 July 2012 |archive-url=https://archive.today/20120708181940/http://articles.timesofindia.indiatimes.com/2011-03-01/india/28643060_1_haji-billa-godhra-train-rajjak-kurkur |work=[[The Times of India]] |url-status=dead }}</ref><ref name="BBC 2011">{{cite news |url=https://www.bbc.co.uk/news/world-south-asia-12605659 |work=BBC News |title=Eleven sentenced to death for India Godhra train blaze |date=1 March 2011 |access-date=20 June 2018 |archive-date=24 June 2014 |archive-url=https://web.archive.org/web/20140624025021/http://www.bbc.co.uk/news/world-south-asia-12605659 |url-status=live }}</ref> The [[Nanavati-Shah commission|commission]] set up by the [[Government of Gujarat]] to investigate the train burning spent 6 years going over the details of the case, and concluded that the fire was arson committed by a Muslim mob of 1,000 to 2,000 people.<ref name="NDTV 2011"/> A commission appointed by the central government, whose appointment was later held to be unconstitutional, stated that the fire had been an accident.{{sfn|Jaffrelot|2012|p=80}} A court convicted a group of 31 [[Muslim]] individuals for the incident and the conspiracy for the crime.{{sfn|Burke|2011}} The conviction was later upheld by the [[Gujarat High Court]].<ref>{{cite news|url=http://www.livelaw.in/godhra-train-carnage-gujarat-hc-commutes-death-penalty-11-convicts-awards-10-lakh-compensation-victims-kin-read-judgment/|title=Godhra Train Carnage: Gujarat HC Commutes Death Penalty Of 11 Convicts; Awards 10 Lakh Compensation To Victims' Kin|first=Apoorva|last=Mandhani|date=11 October 2017|access-date=1 June 2018}}</ref><ref>{{cite news |url=https://economictimes.indiatimes.com/news/politics-and-nation/godhra-sabarmati-express-burning-case-gujarat-high-court-may-pronounce-verdict-today/articleshow/61001281.cms|title=Godhra Sabarmati Express burning case: Gujarat HC commutes death sentence to 11 convicts into life imprisonment|date=9 October 2017|access-date=1 June 2018}}</ref>{{sfn|Williams|2011}}{{sfn|Mitta|2014|p=6}} The causes of the fire are frequently disputed.<ref name=":0">{{Cite book|last=Metcalf|first=Barbara D.|url=http://apnaorg.com/books/english/concise-history-india/concise-history-india.pdf|title=A Concise History of India|publisher=Cambridge University Press|year=2012|isbn=978-1107026490|pages=299–300|access-date=30 March 2020|archive-date=29 April 2020|archive-url=https://web.archive.org/web/20200429225106/http://apnaorg.com/books/english/concise-history-india/concise-history-india.pdf|url-status=live}}: "The cause of the initial fire has not been determined, but it was almost certainly not deliberately set by Muslims on the station platform, as Hindus frequently alleged."</ref> The event is widely perceived as the trigger for the [[2002 Gujarat riots|Gujarat riots]] that followed, which resulted in widespread loss of life, destruction of property and homelessness. Estimates of casualties range from the official figures of 790 Muslims and 254 Hindus,{{sfn|Ghassem-Fachandi|2012|p=283}} to upwards of 2,000 casualties.{{sfn|Jaffrelot|2003|p=16}} ==27 February 2002 incident (Gujarat Commission Report)== [[File:Godhra jn railway station.JPG|thumb|The incident is said to have taken place a short distance from Godhra Junction]] In February 2002, thousands of devotees of [[Rama]] (known as "Ramsevaks" or "[[Kar Sevak]]s") had gone from [[Gujarat]] to [[Ayodhya]] at the behest of the [[Vishva Hindu Parishad]] to take part in a ceremony called the ''Purnahuti Maha Yagna''. On 25 February, 1,700 people, a mix of pilgrims and ''karsevaks'' boarded the [[Sabarmati Express]] which was bound for [[Ahmedabad]].<ref name=rediff1>{{cite news|title=Fifty-eight killed in attack on Sabarmati Express |url=http://www.rediff.co.in/news/2002/feb/27train2.htm|access-date=11 May 2013|newspaper=Rediff|date=27 February 2002}}</ref> On 27 February 2002, the train made its scheduled stop at Godhra about four hours late, at 7:43&nbsp;am. As the train started leaving the platform, someone pulled the [[Emergency brake (train)|emergency brake]] and the train stopped near the signal point. The driver of the train later stated that the chain had been pulled multiple times, judging by the instruments in his cabin.<ref name=driver>{{cite news|title=Sabarmati Express drivers appear before panel |url=http://articles.timesofindia.indiatimes.com/2002-07-19/ahmedabad/27297556_1_assistant-driver-mukesh-pachauri-train|archive-url=https://web.archive.org/web/20131203051951/http://articles.timesofindia.indiatimes.com/2002-07-19/ahmedabad/27297556_1_assistant-driver-mukesh-pachauri-train|url-status=dead|archive-date=3 December 2013|access-date=30 November 2013|newspaper=[[The Times of India]] |date=16 July 2002}}</ref> Then, according to one narrative, the train was attacked by a mob of around 2,000 people. After some stone-pelting, four coaches of the train were set alight, trapping many people inside. 59 people including 27 women and 10 children were burnt to death, and 48 others were injured. According to J Mahapatra, [[Additional Director General of Police|additional director general]] of the [[Gujarat]] police, "miscreants had kept the petrol-soaked rags ready for use much before the train had arrived at [[Godhra]]".<ref>{{cite news |last=Singh |first=Onkar |title=No women kidnapped in Godhra: Police |url=http://www.rediff.com/news/2002/mar/06train1.htm |access-date=6 April 2014 |newspaper=Rediff |date=7 March 2002}}</ref> In September 2008 the [[Nanavati-Mehta Commission]] submitted the part of its report covering the Godhra train burning incident (Part I) in which it had concluded that burning of the S-6 coach of Sabarmati Express near [[Godhra]] railway station was a "planned conspiracy".<ref>{{cite web | url=https://indianexpress.com/article/india/gujarat/nanavati-commission-submits-final-report-on-2002-gujarat-riots/?SocialMedia | title=2002 Gujarat riots: Nanavati Commission submits final report to Anandiben Patel | date=18 November 2014 }}</ref><ref>{{cite web | url=https://timesofindia.indiatimes.com/india/Nanavati-panels-final-report-in-July/articleshow/35740740.cms | title=Nanavati panel's final report in July &#124; India News - Times of India | website=[[The Times of India]] }}</ref> However the actual cause of the fire is disputed.<ref name=":0" /> In 2003, The Concerned Citizens Tribunal (CCT) concluded that the fire had been an accident.<ref>{{Cite web |title=Genocide in Gujarat: Patterns of violence |url=http://www.humanrights.asia/resources/journals-magazines/article2/focus-the-international-criminal-court/genocide-in-gujarat-patterns-of-violence/ |archive-url=https://web.archive.org/web/20210227053831/http://www.humanrights.asia/resources/journals-magazines/article2/0201/genocide-in-gujarat-patterns-of-violence/ |archive-date=27 February 2021 |access-date=2022-08-31 |website=Asian Human Rights Commission |language=en-US}}</ref><ref>{{Cite web |title=Godhra |url=https://www.outlookindia.com/website/story/godhra/218036 |url-status=live |archive-url=https://web.archive.org/web/20220805184558/https://www.outlookindia.com/website/story/godhra/218036/amp |archive-date=5 August 2022 |access-date=2022-08-31 |website=Outlook India}}</ref><ref>{{Cite web |title=Crime Against Humanity |url=https://www.sabrang.com/tribunal/tribunal2.pdf |url-status=live |archive-url=https://web.archive.org/web/20220101165159/https://www.sabrang.com/tribunal/tribunal2.pdf |archive-date=1 July 2022 |access-date=2022-08-31}}</ref> Several other independent commentators have also concluded that the fire itself was almost certainly an accident, saying that the initial cause of the conflagration has never been conclusively determined.<ref>{{Cite book |last1=Metcalf |first1=Barbara D. |url= |title=A Concise History of Modern India |last2=Metcalf |first2=Thomas R. |date=2012-09-24 |publisher=Cambridge University Press |isbn=978-1-107-02649-0 |pages=280 |language=en}}</ref><ref>{{Cite book |last=Clark-Decès |first=Isabelle |url= |title=A Companion to the Anthropology of India |date=2011-02-28 |publisher=Wiley |isbn=978-1-4051-9892-9 |pages=245 |language=en}}</ref> Historian [[Ainslie Thomas Embree]] stated that the official story of the attack on the train (that it was organized and carried out by people under orders from Pakistan) was entirely baseless.<ref>{{Cite book |last1=Seiple |first1=Chris |url= |title=The Routledge Handbook of Religion and Security |last2=Hoover |first2=Dennis |last3=Otis |first3=Pauletta |date=2013 |publisher=Routledge |isbn=978-0-415-66744-9 |pages=233 |language=en}}</ref> Scholar [[Martha Nussbaum]] has also challenged this narrative, stating that several inquiries have found that the conflagration was the result of an accident rather than a planned conspiracy.<ref>{{Cite book |last=Nussbaum |first=Martha C. |url= |title=The Clash Within: Democracy, Religious Violence, and India's Future |date=2008 |publisher=Harvard University Press |isbn=978-0-674-03059-6 |pages=17–19 |language=en}}</ref> ==Inquiries== ===Forensic Science Laboratory Report=== A study conducted by the Gujarat Forensic Science Laboratory report states that the fire was due to the inflammable liquid emptied by the attackers into the coach. Furthermore, the fire got initiated from inside as a result there were very less burn marks on the outside of the coach below the windows.<ref>{{cite web|url=http://indiatoday.intoday.in/story/godhra-massacre-forensic-report-come-in-handy-for-rival-politicians/1/219241.html|title=Fuelling the Fire|publisher=indiatoday.intoday.in|date=22 July 2002|access-date=13 April 2014|archive-date=9 December 2017|archive-url=https://web.archive.org/web/20171209201118/http://indiatoday.intoday.in/story/godhra-massacre-forensic-report-come-in-handy-for-rival-politicians/1/219241.html|url-status=live}}</ref><ref name=FSLReport>{{cite web|title=Report of Forensic Science Laboratory, State of Gujarat|url=http://www.outlookindia.com/article.aspx?218028|publisher=Outlook|date=22 November 2002|access-date=19 April 2014}}</ref> ===Nanavati-Mehta commission=== {{Main|Nanavati-Mehta commission}} ==== Appointment ==== On 6 March 2002 the Gujarat government set up a commission of inquiry to investigate the incident and submit a report, the chairman and sole member of which was retired [[Gujarat High Court]] judge K G Shah.<ref>{{cite web |url=http://www.hinduonnet.com/thehindu/2002/03/07/stories/2002030706110100.htm |title=The Hindu : Probe panel appointed |publisher=Hinduonnet.com |date=7 March 2002 |access-date=4 June 2013 |archive-url=https://web.archive.org/web/20030210180012/http://www.hinduonnet.com/thehindu/2002/03/07/stories/2002030706110100.htm |archive-date=10 February 2003 |url-status=usurped }}</ref> However, Shah's alleged closeness to Narendra Modi generated fierce criticism from the victims, human rights organisations, and political parties, and led to a demand for the appointment of a [[Supreme Court of India|Supreme Court]] judge to the commission. As a result, the government reconstituted the commission into a two-member committee, appointing retired Supreme Court judge G T Nanavati to lead the commission, which thus became known as the "Nanavati-Shah Commission".{{sfn|Jaffrelot|2012|p=79}} Shah died in March 2008, just a few months prior to the committee submitting its first report, and the Gujarat High Court then appointed retired judge Akshay Kumar Mehta to the committee on 6 April 2008.<ref>{{cite news|title=Newly appointed justice Mehta of Nanavati Commission visits Godhra |url=http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75 |access-date=11 May 2013 |newspaper=IndLaw |agency=UNI |url-status=dead |archive-url=https://web.archive.org/web/20131203025216/http://www.indlaw.com/guest/DisplayNews.aspx?56B07EF3-D892-4C2A-9912-290F301FEC75 |archive-date=3 December 2013 |df=dmy }}</ref> The commission, during its six-year probe, examined more than 40,000 documents and the testimonies of more than 1,000 witnesses.<ref>{{cite news|title=Gujarat: Nanavati Commission submitted its first report on 2002 riots in state |url=http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6 |access-date=11 May 2013 |newspaper=IndLaw |url-status=dead |archive-url=https://web.archive.org/web/20131203025211/http://www.indlaw.com/guest/DisplayNews.aspx?B42ED5C4-09FE-4F2E-988F-225B5F66F8C6 |archive-date=3 December 2013 |df=dmy }}</ref> The initial term of the committee was three months long; however, it received 22 extensions, till June 2014, to submit its final report.<ref name="Indian Express">{{cite news|title=Nanavati panel gets its 20th extension|url=http://www.indianexpress.com/news/nanavati-panel-gets-its-20th-extension/1136987/|access-date=2 December 2013|newspaper=The Indian Express|date=3 July 2013}}</ref><ref name=TOI1114>{{cite news|title=With 21st extension, Nanavati report after LS polls|url=http://timesofindia.indiatimes.com/city/ahmedabad/With-21st-extension-Nanavati-report-after-LS-polls/articleshow/28209339.cms|access-date=19 April 2014|newspaper=Times of India|date=1 January 2014}}</ref> ====Report==== In September 2008, the commission submitted the "Part I" of the report dealing with the Godhra incident, in which it supported the theory originally propounded by the Gujarat police.{{sfn|Jaffrelot|2012|p=80}} Maulvi Husain Haji Ibrahim Umarji, a cleric in Godhra, and a dismissed [[Central Reserve Police Force]] officer named Nanumiyan were presented as the "masterminds" behind the operation.<ref name="India 2008">[http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOI&Type=text/html&Locale=english-skin-custom&Path=TOIM/2008/09/27&ID=Ar01400 The Godhra conspiracy as Justice Nanavati saw it] The Times of India, 28 September 2008. Retrieved 19 February 2012. [https://web.archive.org/web/20130602070023/http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOI&Type=text/html&Locale=english-skin-custom&Path=TOIM/2008/09/27&ID=Ar01400 Archived] 21 February 2012.</ref> The evidence marshalled by the committee in favour of this conclusion was a statement made by Jabir Binyamin Behra, a criminal in custody at the time, although he later denied giving any such statement.<ref>{{cite web|url=http://www.dnaindia.com/india/1511763/report-godhra-case-eventually-maulvi-umarji-comes-out-unscathed|title=Godhra case: Eventually, Maulvi Umarji comes out unscathed|work=Daily News and Analysis|date=23 February 2011|access-date=4 June 2013}}</ref> In addition, the alleged acquisition of 140 litres of petrol hours before the arrival of the train and the storage of the petrol at the guest house of Razzak Kurkur, accused of being a key conspirator, and forensic evidence showing that fuel was poured on the train coach before it burnt, was presented by the committee.<ref name="India 2008" /> The report concluded that the train was attacked by thousands of Muslims from the Signal Falia area.<ref name=IT1>{{cite news|last=Uday|first=Mahurkar|title=Godhra carnage a conspiracy: Nanavati report|url=http://indiatoday.intoday.in/story/Godhra+carnage+a+conspiracy:+Nanavati+report/1/16270.html|access-date=11 May 2013|newspaper=India Today|date=26 September 2008}}</ref><ref name=ibn2009>{{cite news|title=Gujarat may come clean today, say 1,180 died in riots|url=http://ibnlive.in.com/news/gujarat-may-come-clean-today-say-1180-died-in-riots/86485-3.html|archive-url=https://web.archive.org/web/20090302054521/http://ibnlive.in.com/news/gujarat-may-come-clean-today-say-1180-died-in-riots/86485-3.html|url-status=dead|archive-date=2 March 2009|access-date=30 May 2013|newspaper=IBN7|date=28 February 2009}}</ref> ====Reactions==== The [[Communist Party of India (Marxist)]] and the [[Indian National Congress]] objected to the exoneration of the Gujarat government by the commission citing the timing of the report (with general elections months away) as evidence of unfairness. Congress spokesperson [[Veerappa Moily]] commented at the strange absolvement of the Gujarat government for complacency for the carnage before the commission's second and final report had been brought out. The CPI(M) said that the report reinforced communal prejudices.<ref>{{cite news|title=Cong, CPM question Nanavati report's credibility|url=http://articles.timesofindia.indiatimes.com/2008-09-27/india/27895962_1_nanavati-report-nanavati-commission-justice-nanavati|access-date=30 May 2013|date=27 September 2008|archive-date=29 June 2013|archive-url=https://archive.today/20130629121439/http://articles.timesofindia.indiatimes.com/2008-09-27/india/27895962_1_nanavati-report-nanavati-commission-justice-nanavati|newspaper=[[The Times of India]]|url-status=dead}}</ref> The commission has been heavily criticised by academics such as [[Christophe Jaffrelot]] for obstructing the course of justice, supporting the conspiracy theory too quickly, and for allegedly ignoring evidence of governmental complicity in the incident.{{sfn|Jaffrelot|2012|pp=86–87}}<ref>{{cite journal|last=Iyer|first=SH|title=Babu Bajrangi's bail and Gujarat riot probe|journal=Combat Law|date=May–June 2008|volume=7|issue=3|pages=16–19}}</ref> ===Banerjee investigation=== ====Appointment and report==== [[File:The high level committee on Godhra fire incident, headed by Justice U.C. Banerjee, Retired Supreme Court Judge, presenting its final report to the Chairman, Railway Board, Shri J.P. Batra in New Delhi on March 3, 2006.jpg|thumb|Justice U.C. Banerjee, presenting the final report of enquiry on Godhra fire incident to the Chairman of the Railway Board, J.P. Batra, in New Delhi in 2006]] On 17 May 2004, with the victory of the [[United Progressive Alliance]] (UPA) in the Indian general election, [[Lalu Prasad Yadav]] was appointed railway minister. In September 2004, two and half years after the train burning, Yadav appointed former Supreme Court Justice [[Umesh Chandra Banerjee]] to investigate the incident. In January 2005 Banerjee presented his interim report, which tentatively ascribed the fire as an "accidental fire," after ruling out other theories. He cited a forensic report stating that the injuries on the victims were only compatible with an "internal fire." The report was also critical of the railways' handling of the evidence relevant to the case.{{sfn|Jaffrelot|2012|pp=77–80}}<ref>{{cite web|title=Excerpts from the Justice U C Banerjee Committee report|url=http://www.dnaindia.com/india/report-excerptsfrom-the-justice-u-c-banerjee-committeereport-1016092|work=Daily News and Analysis|date=3 March 2006|access-date=2 December 2013}}</ref><ref name="GJHC20-03-2006">{{cite web|title=Union of India vs. Nilkanth Tulsidas Bhatia, LPA No. 364 of 2005 in SCA No. 16500 of 2005|url=http://indiankanoon.org/doc/892047/|publisher=Gujarat High Court|access-date=2 April 2014}}</ref> ==== High Court judgment ==== Banerjee's findings were challenged in the Gujarat High Court by Neelkanth Tulsidas Bhatia, who was injured in the incident. In October 2006, the court quashed the conclusions of Banerjee and ruled that the investigation was "unconstitutional, illegal and null and void", declared its formation to be a "colourable exercise of power with mala fide intentions", and its argument of accidental fire "opposed to the prima facie accepted facts on record." The High Court also directed that the report should not be tabled in the Parliament.<ref>[http://www.expressindia.com/news/fullstory.php?newsid=75485 Banerjee panel illegal: Gujarat HC] {{Webarchive|url=https://web.archive.org/web/20100524035416/http://www.expressindia.com/news/fullstory.php?newsid=75485 |date=24 May 2010 }} ''The Indian Express''&nbsp;– 13 October 2006</ref><ref>[https://web.archive.org/web/20061104020147/http://www.hindu.com/2006/10/14/stories/2006101405431200.htm Bannerjee Committee illegal: High Court] [[The Hindu]]&nbsp;– 14 October 2006</ref><ref>{{cite news | title = HC terms Sabarmati Express panel illegal |work=The Financial Express |date=14 October 2006| url = http://www.financialexpress.com/news/story/180656/| access-date= 4 February 2011 <!--DASHBot-->}}</ref><ref>{{cite news | title = Laloo flaunts Godhra report |work=The Tribune |date=20 January 2005 | url = http://www.tribuneindia.com/2005/20050121/main1.htm| access-date= 4 February 2013 <!--DASHBot-->}}</ref><ref>{{cite news | title = India train fire 'not mob attack' |work=BBC News |date=17 January 2005 | url = http://news.bbc.co.uk/2/hi/south_asia/4180885.stm| access-date= 4 February 2011 <!--DASHBot-->}}</ref><ref name="express-2006">{{cite news | title = Banerjee panel illegal: Gujarat HC | author = Press Trust of India | publisher = Express India | date = 13 October 2006 | url = http://www.expressindia.com/news/fullstory.php?newsid=75485 | access-date = 4 February 2011 <!--DASHBot--> | archive-date = 24 May 2010 | archive-url = https://web.archive.org/web/20100524035416/http://www.expressindia.com/news/fullstory.php?newsid=75485 | url-status = dead }}</ref><ref name=ibnnews16oct06>{{cite web|title=BJP cheers as HC slams Godhra panel|url=http://ibnlive.in.com/news/bjp-cheers-as-hc-slams-godhra-panel/23990-4-2.html|archive-url=https://web.archive.org/web/20140325083341/http://ibnlive.in.com/news/bjp-cheers-as-hc-slams-godhra-panel/23990-4-2.html|url-status=dead|archive-date=25 March 2014|publisher=IBN Live|access-date=25 March 2014}}</ref> ====Reactions==== The BJP, which was then in opposition in the union parliament, dismissed the report as an attempt to gain an advantage in the Bihar elections which were to be held soon.<ref name=tribune2005>{{cite news|title=Godhra report attempt to help Laloo: BJP|url=http://www.tribuneindia.com/2005/20050118/main1.htm|access-date=25 March 2014|newspaper=The Tribune|date=17 January 2005}}</ref> It welcomed the High Court judgement, saying that it was a setback for the Congress.<ref name="tribune-2006">{{cite news|title=Gujarat HC nullifies Banerjee Committee|url=http://www.tribuneindia.com/2006/20061014/main1.htm|access-date=25 March 2014|date=13 October 2006}}</ref> Lalu Prasad Yadav, then the minister for railways, cited the report as proof that the Narendra Modi government had organized the riots that followed, and called it an exposure of the BJP.<ref name=tribune2005/> ==Trial and court verdict== ===Arrests=== By 28 February 2002, 51 people had been arrested for the incident on charges of arson, rioting and looting.<ref name=BBC>{{cite news|title=Dozens arrested over India train attack|url=http://news.bbc.co.uk/2/hi/south_asia/1845905.stm|access-date=1 January 2014|date=28 February 2002|work=BBC News}}</ref> One of the alleged organisers of the attack was arrested in [[West Bengal]]. West Bengal's Chief Secretary, Sourin Roy, said the detainee was a commander of the Muslim radical group [[Harkat-ul-Jihad al-Islami|Harkat-ul Jehad-e-Islami]], who was allegedly attempting to enter Bangladesh.{{Citation needed|date=August 2014}} On 17 March 2002, chief suspect Haji Bilal, a local town councillor and a Congress worker,<ref name=REFCON>{{cite news|title=Godhra, 'secular' 'progressives' and politics|url=https://www.rediff.com/news/2002/mar/25rajeev.htm|newspaper=Rediff News|date=25 March 2002}}</ref> was captured by an anti-terrorist squad in Godhra. The FIR had alleged that a 1540-strong mob attacked the Sabarmati Express on 27 February, minutes after the delayed train left the Godhra station on the day of the incident. The president of Godhra municipality, Mohammed Hussain Kalota, was arrested in March. Others arrested included corporators Abdul Razak and Shiraj Abdul Jamesha. Bilal was also alleged to have a connection with gang leader Latif and was reported to have visited [[Karachi]] in [[Pakistan]] several times.<ref name=EI1>{{cite news|title=Chargesheet filed against 66 Godhra accused|url=http://expressindia.indianexpress.com/news/fullstory.php?newsid=10692|access-date=1 January 2014|newspaper=Indian Express|date=23 May 2002|agency=Press Trust of India}}</ref><ref>{{cite news|title=Chief suspect in India train attack arrested|url=http://news.bbc.co.uk/2/hi/south_asia/1878385.stm|access-date=1 January 2014|newspaper=BBC|date=19 March 2002}}</ref> The charge-sheet filed by the SIT before first class railway magistrate P. K. Joshi, which ran to more than 500 pages, stated that 59 people were killed in the S-6 coach of Sabarmati Express when a mob of around 1540 unidentified people attacked it near Godhra railway station.<ref name=rediff2>{{cite news|title=Charge sheet filed against 66 accused for Godhra mayhem|url=http://www.rediff.com/news/2002/may/23train.htm|access-date=30 November 2013|newspaper=Rediff}}</ref><ref name=liveindia /> The 68 people accused in the charge-sheet included 57 accused of stoning and torching the train. The charge-sheet also stated that a mob attacked the police, prevented the fire brigade from approaching the burning train, and stormed the train for a second time. 11 others were charged with being part of this mob.<ref name=TH1>{{cite news|last=Dasgupta|first=Manas|title=Chargesheets filed in Godhra train carnage case|url=http://hindu.com/2002/05/24/stories/2002052402951300.htm|archive-url=https://web.archive.org/web/20131203064747/http://hindu.com/2002/05/24/stories/2002052402951300.htm|url-status=dead|archive-date=3 December 2013|access-date=30 November 2013|date=24 May 2002|newspaper=[[The Hindu]]|location=Chennai, India}}</ref> Initially, 107 people were charged, five of whom died while the case was still pending in court. Eight others were juveniles, who were tried by a separate court. As many as 253 witnesses were examined during the trial and over items of 1500 documentary evidences were presented to the court.<ref name=liveindia1>{{cite news|title=Godhra train carnage judgement tomorrow |url=http://liveindia.tv/india/godhra-train-carnage-judgement-tomorrow/ |access-date=22 May 2013 |newspaper=Live India |date=21 February 2011 |url-status=dead |archive-url=https://web.archive.org/web/20130625065302/http://liveindia.tv/india/godhra-train-carnage-judgement-tomorrow/ |archive-date=25 June 2013 |df=dmy }}</ref> On 24 July 2015, the prime accused in the Godhra case, Hussain Suleman Mohammad, was arrested by the Godhra crime branch from Jhabua district of Madhya Pradesh.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Godhra-carnage-Main-accused-held-after-13-years/articleshow/48209717.cms|title=Godhra carnage: Main accused held after 13 years|website=[[The Times of India]]}}</ref> On 18 May 2016, a heretofore missing `conspirator' of the event, Farooq Bhana, was Arrested from Mumbai by Gujarat Anti-Terrorist Squad (ATS).<ref>[http://timesofindia.indiatimes.com/city/ahmedabad/After-14-yrs-man-who-added-fuel-to-Godhra-fire-arrested/articleshow/52335116.cms After 14 yrs, man who added fuel to Godhra fire arrested], The Times of India, 19 May 2016.</ref> On 30 January 2018, Yakub Pataliya (63) was arrested from Godhra by a team of B Division police in the town after they received a tip-off that he was spotted in a locality.<ref>{{Cite news|url=https://www.mid-day.com/articles/2002-godhra-train-burning-63-year-old-accused-arrested-after-16-years/18998154|title=2002 Godhra train burning: 63-year-old accused arrested after 16 years|date=2018-01-30|work=mid-day|access-date=2018-01-30}}</ref> ===Prevention of Terrorism Act and trial=== On 3 March 2002, The [[Prevention of Terrorism Act, 2002|Prevention of Terrorism Ordinance]] was invoked against all the accused which was later suspended due to pressure from the Central government. On 9 March 2002, Police added Criminal Conspiracy to the charges. In May 2003, the first charge sheet was filed against 54 accused, but they were not charged under the Prevention of Terrorism Act (POTA became an Act as it was cleared by Parliament). In February 2003, the POTA was re-invoked against all the accused after the BJP retained control of the Gujarat legislature in the 2002 assembly [[2002 Gujarat legislative assembly election|elections]].<ref name=timelinetoi /><ref name="chronology-toi">{{cite news|title=Chronology of Godhra trial|url=http://timesofindia.indiatimes.com/india/Chronology-of-Godhra-trial/articleshow/7546855.cms|access-date=25 March 2014|newspaper=The Times of India|date=22 February 2011}}</ref> In November 2003, the Supreme Court of India put a stay on the trial. In 2004, the POTA was repealed after the United Progressive Alliance (UPA) came to power, prompting it to review the invocation of the POTA against the accused. In May 2005, the POTA review commission decided not to charge the accused under POTA. This was later unsuccessfully challenged by a relative of the victim before the Gujarat High Court and later on appeal before Supreme Court. In September 2008, the Nanavati Commission submitted its report on the incident.<ref name=timelinetoi /> In 2009, after accepting the report of the Special Investigation Team (SIT) appointed by it, the court appointed a special fast-track court to try the case along with 5 other fast track courts established to try the post-incident riots. The bench hearing the case also said that public prosecutors should be appointed in consultation with the SIT chairman. It ordered that the SIT would be the nodal agency for deciding about witness protection and also asked that it file supplementary charge sheets and that it may cancel the bail of the accused.<ref name="Hindu-trial">{{cite news|last=Venkatesan|first=J|title=Court: set up six fast track courts to try Godhra & riot cases|url=http://www.hindu.com/2009/05/02/stories/2009050257860100.htm|archive-url=https://web.archive.org/web/20090502182039/http://www.hindu.com/2009/05/02/stories/2009050257860100.htm|url-status=dead|archive-date=2 May 2009|access-date=22 May 2013|date=2 May 2009|newspaper=[[The Hindu]]|location=Chennai, India}}</ref> More than 100 people were arrested in relation to the incident. The court was set up inside the [[Sabarmati Central Jail]], where almost all of the accused were confined. The hearing began in May 2009.<ref>{{cite news|title=Godhra carnage: fast-track court begins proceedings|url=http://www.indianexpress.com/news/godhra-carnage-fasttrack-court-begins-proceedings/466585/|access-date=22 May 2013|newspaper=[[The Indian Express]]|date=27 May 2009|location=Ahmedabad}}</ref> Additional Sessions Judge P R Patel was designated to hear the case. In May 2010, Supreme Court restrained the trial courts from pronouncing judgement in nine sensitive riot cases, including Godhra train incident. The trial was completed in September 2010; however, the verdict could not be delivered because of the Supreme Court stay.<ref name=liveindia1 /> The stay was lifted in January 2011 and the judge announced that he shall pronounce the judgement on 22 February 2011.<ref name=timelinetoi>{{cite news|title=Chronology of Godhra trial|url=http://articles.timesofindia.indiatimes.com/2011-02-22/india/28624659_1_godhra-train-u-c-banerjee-s-6|archive-url=https://web.archive.org/web/20131001120531/http://articles.timesofindia.indiatimes.com/2011-02-22/india/28624659_1_godhra-train-u-c-banerjee-s-6|url-status=dead|archive-date=1 October 2013|access-date=22 May 2013|newspaper=[[The Times of India]]|date=22 February 2011}}</ref> ===Court verdict=== In February 2011, the trial court convicted 31 people and acquitted 63 others, saying the incident was a planned conspiracy. The convictions were based on the murder and conspiracy provisions of Sections 302 and 120B of the [[Indian Penal Code]] respectively and under Sections 149, 307, 323, 324, 325, 326, 332, 395, 397, and 436 of the Code and some sections of the Railway Act and Police Act.<ref name=liveindia /> The death penalty was awarded to 11 convicts; those believed to have been present at a meeting held the night before the incident where the conspiracy was formed, and those who, according to the court, had actually entered the coach and poured petrol before setting it afire. Twenty others were sentenced to life imprisonment.<ref name=Hindu1>{{cite news|title=It was not a random attack on S-6 but kar sevaks were targeted, says judge|url=http://www.thehindu.com/news/national/article1513008.ece|access-date=22 May 2013|newspaper=The Hindu|date=6 March 2011|location=Chennai, India|first=Manas|last=Dasgupta|archive-date=17 January 2016|archive-url=https://web.archive.org/web/20160117044114/http://www.thehindu.com/news/national/article1513008.ece|url-status=live}}</ref><ref name="NDTV 2011">{{cite news |url=http://www.ndtv.com/article/india/godhra-verdict-31-convicted-63-acquitted-86991 |title=Godhra verdict: 31 convicted, 63 acquitted |work=NDTV |date=3 January 2011 |access-date=9 June 2013 |archive-date=29 November 2014 |archive-url=https://web.archive.org/web/20141129024715/http://www.ndtv.com/article/india/godhra-verdict-31-convicted-63-acquitted-86991 |url-status=live }}</ref> Maulvi Saeed Umarji, who was believed by the SIT to be the prime conspirator, was acquitted<ref name=liveindia>{{cite news|title=Special court convicts 31 in Godhra train burning case |url=http://liveindia.tv/india/states/special-court-convicts-31-in-godhra-train-burning-case/ |access-date=22 May 2013 |newspaper=Live India |date=22 February 2012 |url-status=dead |archive-url=https://web.archive.org/web/20130119002050/http://liveindia.tv/india/states/special-court-convicts-31-in-godhra-train-burning-case/ |archive-date=19 January 2013 |df=dmy }}</ref> along with 62 other accused for lack of evidence.<ref name=MD>{{cite news|title=Key accused let off in Godhra case|url=http://www.mid-day.com/news/2011/feb/230211-fast-track-court-Godhra-case-verdict-Sabarmati-Express.htm|access-date=22 May 2013|newspaper=Mid Day|date=23 February 2011}}</ref> The convicted filed appeals in the Gujarat High Court. The state government also challenged the trial court's decision to acquit 61 persons in the High Court and sought death sentences for 20 convicts awarded life imprisonment in the case.<ref name=IE1>{{cite news|title=Guj govt challenges acquittals in Godhra verdict before HC|url=http://www.indianexpress.com/news/guj-govt-challenges-acquittals-in-godhra-verdict-before-hc/808659/|access-date=11 May 2013|newspaper=The Indian Express|date=25 June 2011}}</ref> === Gujarat High Court verdict === In October 2017, accepting prosecution's contention that there was a conspiracy behind the incident, the Gujarat High Court commuted the death sentence of 11 convicts to life imprisonment, while upholding the earlier life sentence of 20 others.<ref>{{Cite news|url=http://indianexpress.com/article/india/2002-godhra-train-burning-carnage-case-riots-gujarat-high-court-sit-commutes-death-sentence-of-11-convicts-to-life-imprisonment-4881586/|title=2002 Godhra train burning case: Gujarat HC commutes death sentence of 11 convicts to life imprisonment|date=2017-10-09|work=The Indian Express|access-date=2017-10-09|language=en-US}}</ref> Thus, all the 31 accused who were convicted earlier in 2011 by the SIT court were given life imprisonment.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/2002-godhra-burning-case-gujarat-high-court-commutes-death-for-11-convicts-to-life-in-prison/articleshow/61001808.cms|title=2002 Godhra train burning case: Gujarat high court commutes death for 11 convicts to life in prison – Times of India|work=The Times of India|access-date=2017-10-09}}</ref> while, 63 others who were acquitted in 2011 by trial court, were re-acquitted by high court, including the alleged mastermind.<ref>{{Cite news|url=https://www.ndtv.com/india-news/in-godhra-train-burning-an-important-court-decision-today-10-points-1760393|title=In Godhra Train Blaze, Alleged Mastermind And 30 Others Acquitted Again|work=NDTV.com|access-date=2017-10-09}}</ref> The court asked the state government and railways to pay 10 lakh compensation to the families of each of the 59 victims.<ref>{{Cite news|url=http://www.news18.com/news/india/godhra-train-burning-case-hc-orders-compensation-for-victims-kin-1540441.html|title=Godhra Train Burning Case: HC Faults State Govt, Orders Rs 10 Lakh for Victims' Kin|work=News18|access-date=2017-10-09}}</ref> ===Reactions to the SIT investigation === BJP spokesperson [[Syed Shahnawaz Hussain|Shahnawaz Hussain]] stated, "The theory propagated by the (central) government and some NGOs (Non-Governmental Organization) has been proved wrong...."<ref>[http://news.oneindia.in/2011/02/23/godhra-verdict-conspiracy-lalu-banerjee-bjp-riot-aid0101.html Godhra verdict proves Lalu's man wrong, again] One India&nbsp;– 23 February 2011</ref> Law Minister Veerappa Moily (a Congress Party member) said it was premature to comment and that the courts will take their own course.<ref>[http://news.outlookindia.com/items.aspx?artid=712707 Godhra Train Carnage Verdict: Reactions] {{Webarchive|url=https://web.archive.org/web/20140104212654/http://news.outlookindia.com/items.aspx?artid=712707 |date=4 January 2014 }} Outlook India – 22 February 2011</ref> [[R. K. Raghavan]], who was the head of the Special Investigating Team, said he was satisfied with the verdict. BJP spokesperson, [[Ravi Shankar Prasad]] said the verdict had exposed the nefarious designs of the UPA government which tried to cover up the entire episode.<ref name="OL-reactions">{{cite news|title=Godhra Train Carnage Verdict: Reactions|url=http://news.outlookindia.com/items.aspx?artid=712707|access-date=11 May 2013|newspaper=Outlook India|date=22 February 2011|archive-url=https://web.archive.org/web/20140104212654/http://news.outlookindia.com/items.aspx?artid=712707|archive-date=4 January 2014|url-status=dead}}</ref> ==In popular culture== * ''[[Chand Bujh Gaya]]'', a 2005 film, uses the Godhra train burning incident as the background for a love story.<ref>{{cite news | url=http://www.indiaglitz.com/channels/hindi/article/13500.html | title=Gujarat violence film set for Friday release | publisher=indiaglitz.com | date=2 March 2005 | agency=Indo-Asian News Service | access-date=27 March 2013}}</ref> * The 2013 film ''[[Kai Po Che]]'' had the Gujarat riots as a backdrop for the main narrative. It was based on the novel ''[[The 3 Mistakes of My Life]]'' written by [[Chetan Bhagat]]. * The 2003 documentary ''[[Final Solution (2003 film)|Final Solution]]'' depicts the train burning and the [[2002 Gujarat violence|Gujarat riots]] that followed. ==See also== * [[Religious violence in India]] * [[Best Bakery case]] * [[Naroda Patiya massacre]] ==References== {{Reflist|2}} ==Bibliography== {{Refbegin|2}} * {{cite news |url=https://www.bbc.co.uk/news/world-south-asia-12605659 |work=BBC News |title=Eleven sentenced to death for India Godhra train blaze |date=1 March 2011 |ref={{sfnref |BBC |2011}} |access-date=20 June 2018 |archive-date=24 June 2014 |archive-url=https://web.archive.org/web/20140624025021/http://www.bbc.co.uk/news/world-south-asia-12605659 |url-status=live }} * {{cite book |last=Brass |first=Paul R. |title=The Production of Hindu-Muslim Violence in Contemporary India |publisher=University of Washington Press |isbn=978-0-295-98506-0 |year=2005 }} * {{cite news |last=Burke |first=Jason |title=Godhra train fire verdict prompts tight security measures |url=https://www.theguardian.com/world/2011/feb/22/godhra-train-fire-verdict |access-date=5 April 2014 |newspaper=The Guardian |date=22 February 2011 |archive-date=23 October 2013 |archive-url=https://web.archive.org/web/20131023065143/http://www.theguardian.com/world/2011/feb/22/godhra-train-fire-verdict |url-status=live }} * {{cite book |editor-first=Isabelle |editor-last=Clark-Decès |title=A Companion to the Anthropology of India |year=2011 |publisher=Wiley-Blackwell |isbn=978-1405198929 }} * {{cite book |last=Ghassem-Fachandi |first=Parvis |title=Pogrom in Gujarat: Hindu Nationalism and Anti-Muslim Violence in India |year=2012 |publisher=Princeton University Press |isbn=978-0691151779 }} * {{cite journal |last=Jaffrelot |first=Christophe |title=Communal Riots in Gujarat: The State at Risk? |journal=Heidelberg Papers in South Asian and Comparative Politics |year=2003 |url=http://archiv.ub.uni-heidelberg.de/volltextserver/4127/1/hpsacp17.pdf |access-date=5 November 2013 |archive-date=4 December 2013 |archive-url=https://web.archive.org/web/20131204131058/http://archiv.ub.uni-heidelberg.de/volltextserver/4127/1/hpsacp17.pdf |url-status=live }} * {{cite journal |last=Jaffrelot |first=Christophe |title=Gujarat 2002: What Justice for the Victims? |url=http://www.epw.in/journal/2012/08/special-articles/gujarat-2002-what-justice-victims.html |url-access=subscription |journal=Economic & Political Weekly |date=25 February 2012 |volume=XLVII |issue=8 |pages=77–80 |jstor=41419907 }} * {{cite book |last=Kishwar |first=Madhu Purnima |title=Modi, Muslims and Media: Voices from Narendra Modi's Gujarat |year=2014 |publisher=Manushi Publications, New Delhi}} * {{citation |last=Mitta |first=Manoj |title=The Fiction of Fact-Finding: Modi & Godhra |year=2014 |publisher=HarperCollins Publishers India |isbn=978-93-5029-187-0}} * {{cite book |last=Nussbaum |first=Martha C. |chapter=The Clash Within: Democracy and the Hindu Right |url=https://archive.org/details/valuesviolencein00kara |url-access=limited |year=2008 |publisher=Springer |isbn=978-1402086595 |pages=[https://archive.org/details/valuesviolencein00kara/page/n94 81]–97 |editor=Ibrahim A. Karawan |editor2=Ibrāhīm Karawān |editor3=Wayne McCormack |editor4=Stephen E. Reynolds |title=Values and Violence: Intangible Aspects of Terrorism }} * {{cite book |last=Nussbaum |first=Martha C. |title=The Clash Within: Democracy, Religious Violence and India's Future |year=2007 |publisher=Harvard University Press |isbn=978-0-674-03059-6 }} * {{cite book |last=Williams |first=Philippa |chapter=Hindu–Muslim Relations and the “War on Terror” |title=A Companion to the Anthropology of India |year=2011 |publisher=Wiley-Blackwell |isbn=978-1405198929 |editor=Isabelle Clark-Decès |chapter-url=https://books.google.com/books?id=98uLj5FpTHQC&pg=RA9-PA1988 }} {{Refend}} ==External links== * [http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf Report By The Commission of Inquiry Consisting of Mr. Justice G.T. Nanavati And Mr. Justice Akshay H. Mehta] {{Webarchive|url=https://web.archive.org/web/20130316134832/http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf |date=16 March 2013 }} * [http://www.sabrang.com/tribunal/ Detailed Report on the Godhra riots by the Concerned Citizens Tribunal] {{2002 Gujarat riots}} {{Railway accidents and incidents in 2002}} {{Authority control}} {{DEFAULTSORT:Godhra Train Burning}} [[Category:Conflicts in 2002]] [[Category:Mass murder in 2002]] [[Category:Arson attacks on vehicles]] [[Category:History of Gujarat (1947–present)]] [[Category:Massacres in India]] [[Category:Violence against Hindus in India]] [[Category:2002 crimes in India]] [[Category:2002 Gujarat riots]] [[Category:Arson in India]] [[Category:Railway accidents and incidents in Gujarat]] [[Category:Persecution by Muslims]] [[Category:21st-century Hinduism]] [[Category:February 2002 events in Asia]] [[Category:Train and subway fires]]'