In its order dated June 12, which was made available on June 15, the court of additional sessions judge Harsh Balkrishna Trivedi slammed “pseudo-secular media and politicians” for claiming that the riots were planned.

Initially, 52 people were accused in four different cases of which 17 died during the pendency of trial that went on for over 20 years.

The remaining 35 persons were accused of murder and rioting after violence erupted near Kalol bus stand, Delol village and Derol station area on February 28, 2002, a day after the devastating Sabarmati Express train burning incident at Godhra.

The prosecution claimed that three persons were killed with deadly weapons and then their bodies burnt with the intention to destroy evidence but the court observe that it failed to produce evidence against the accused.

According to case papers, the police were informed about three missing persons during cops’ visits to relief camps set up in the wake of the riots that broke out in the area. It was alleged that riots broke out between Hindus and Muslims in Kalol town and two other places. A few days later, the bodies of three missing persons from the minority community were found.

All the 52 accused, booked under charges pertaining to rioting, unlawful assembly and murder, were arrested and sent to sub-jails at Kalol, Halol and Godhra before being released on bail. A total of 130 witnesses were examined during the trial.

However, the court found the police witnesses to be unreliable. It noted, "None of them has identified miscreants, even during the investigation and during the trial.”

The court in its judgement also said that no charge of rioting can sustain against any of the accused persons. It also observed that the prosecution failed to prove recovery and seizure of weapons.

According to the order, it is the duty of the court to see that no innocent persons are implicated along with the guilty because of the tendency of the parties in communal rioting cases to try to falsely implicate as many persons from the opposite community as possible.

“In cases of communal riots cases the police usually prosecute members of both the community. But it is for the court to ascertain in such cases, which of the two versions is correct and the court can not shirk this duty on ground that the police did not ascertain which of the stories was true,” the judge observed.

‘Rubbing Salt Into The Wound’

The Gujarat court came down heavily on media and politicians, calling them “pseudo-secular” for rubbing “salt into the wound of anguished people” shocked at the February 27, 2002, Godhra train burning incident.

“Peace-loving Gujarati people were shocked and anguished by this incident. We have seen that then pseudo-secular media and politicians rubbed salt into the wound of anguished people,” it said.

“Report says that sixteen of Gujarat’s 24 Districts were engulfed in communal rioting – post-Godhra riots. Nowhere were mobs less than 2000-3000. Often they were more than 5,000-10,000 strong. There were spontaneous riots in Gujarat. They were not planned ones, as described by pseudo-secular persons,” the court observed.