In a surprising move, the state government has withdrawn its consent to file appeal before the Gujarat high court seeking death penalty for former BJP MLA Maya Kodnani, former Bajrang Dal leader Babu Bajrangi and eight others in the Naroda Patiya case.
“The state government wrote a letter to the SIT (Special Investigation Team) informing it about withdrawal of its decision to file an appeal before the Gujarat high court seeking death penalty for 10 convicts including Maya Kodnani,” said Prashant Desai, special counsel in the Naroda Patiya case.
On April 14, the BJP government had approved a recommendation moved by the Supreme Court appointed SIT to allow it to file an appeal against the lower court order.
The decision had not gone down well with right wing organisations and the Vishva Hindu Parishad (VHP) had voiced its protest.
“I received a fax from SIT on Monday about the government decision. According to the communication by SIT, the government has taken the decision to withdraw its earlier decision of May 10,” said Desai.
According to the communication, the lawyer said, “All papers have been sent to advocate general and government pleader of the Gujarat high court to take further decision.”
"The decision has been withheld for now as we have to take the opinion of state advocate general,” said Nitin Patel, state finance minister and government spokesperson.
“A final decision will be taken after the advocate general gives his opinion,” Patel added. Sources connected to the case said that SIT can move an application before the Supreme Court challenging the stand taken by the state government.
Kodnani, a former minister, was sentenced to 28 years in prison by a special court in August 2012 in connection with the incident in which 96 people were killed.
Bajrang Dal activist Babu Bajrangi was sentenced to jail for his entire life, while eight others were given 31 years’ jail term each in the same case. Soon after the government approved an appeal for death penalty, VHP wrote a letter to chief minister Narendra Modi and lodged its protest. It also threatened to launch protest programmes. BJP’s national ally, Shiv Sena, had also criticised the move recently. “Seeking death penalty for Kodnani and Bajrangi is a deadly attack on Hindus, who have different expectations from Modi,” an editorial in Shiv Sena mouthpiece ‘Saamana’ said recently.
(with agency inputs)
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