15 convicts granted bail in post-Godhra riots case, ordered community work

The Supreme Court on Tuesday granted bail to 15 life term convicts in a 2002 post-Godhra riots case pending their appeal against their conviction on the condition they stay outside Gujarat and do community service in Madhya Pradesh.

The 15 men are serving life term in connection with the massacre in Ode town in Anand district in which 23 Muslims were burnt alive.

The court order was earlier in the day reported to be in connection with the massacre in Sardarpura village of Mehsana district in which 33 members of the minority community were burnt alive.

But a court official in the evening clarified that the order related to the Ode case since a lawyer appearing for some of the convicts erroneously mentioned during the hearing that the matter concerned the Sardarpura massacre.

The 15 men, who got bail, have been in jail since their conviction in 2012 and were granted bail as their appeal against the Gujarat high court verdict is pending in the top court.

A bench headed by Chief Justice S A Bobde gave its order after taking note of the four petitions on behalf of the 15 life term convicts.

The bench, also comprising Justices B R Gavai and Surya Kant, split the 15 convicts into two groups -- sending one to Indore and the other to Jabalpur and ordered they will all have to regularly report to police stations there.

"They will not be living together there. They will have to do community services six hours per week as a condition of the bail," the bench said, adding they will have to produce a certificate to District Legal Services Authority of Indore and Jabalpur about their engagement in social service.

Senior advocate P S Patwalia, appearing for some of the convicts, said they can be asked to do social service either in hospitals or in temples or Gurudwaras.

He also submitted that since some of them are very poor they be asked to relocate themselves either to neighbouring Maharashtra or Rajasthan.

"Don't tell all this. They will have to go to Madhya Pradesh," the bench responded, adding that one batch of six convicts would go to Indore.

"Can we have some method, on experiment basis, to ask District Legal Services Authority (DLSA) to help them (convicts) in getting some kind of employment," the bench asked Solicitor General Tushar Mehta, who welcomed the suggestion.

It then asked DLSA of Indore and Jabalpur respectively to assist the convicts in getting suitable employment there.

The bench also directed the Madhya Pradesh State Legal Service Authority to file a report after three months stating as to whether the convicts have complied with the conditions or not.

The Gujarat High Court had earlier upheld the conviction and the life term of 19 persons in the Ode massacre case.

The top court, in one of its earlier orders, said the trial court should adhere to the "two-witness" test in prosecuting the accused in the riots case.

As per this test, there should be at least two witnesses testifying against an accused before the court convicts an accused.

The 15 convicts, who have been granted bail on furnishing of Rs 25,000 as bond on Tuesday, are -- Prahladbhai Jagabhai Patel, Parshottambhai, Vijaybhai Ravjibhai Patel, Jayendrabhai Satabhai Patel, Sureshbhai Bhailabhai Patel, Dilipbhai Ranchhodbhai Patel, Dharmeshkumar Nathubhai Patel, Previnbhai Mangalbhai Patel, Dilipbhai Vinubhai Patel, Paresbhai Ranchodbhai Patel, Arvindbhai Ravjibhai Patel, Hemantbhai Satabhai Patel, Santhakumar Ranchodbhai Patel, Vinubhai Shanabhai Patel and Vinubhai Bhibhubhai Patel.