The designated court that heard Godhra train fire case gave the main accused, Mohammad Husain Kalota and Maulvi Husain Haji Umarji, the benefit of the doubt and acquitted them of all charges.
The designated court that heard Godhra train fire case gave the main accused, Mohammad Husain Kalota and Maulvi Husain Haji Umarji, the benefit of the doubt and acquitted them of all charges.
The prosecution had named Umarji as the main conspirator in the case. His name had come up in the statement of Jabir Behra who said that they were told that Umarji had ordered that revenge be taken and that he had asked that the S-6 coach be set on fire.
However, after going through the evidence against him, the court observed that the entire evidence was, to some extent, based on hearsay.
Regarding the charge of conspiracy, the court again gave him the benefit of the doubt and observed that the accused himself was not present near the Aman guesthouse where the conspiracy to set the coach on fire was hatched.
Except for what he is alleged to have said to a co-accused, Bilal Haji Ismail Sujela, there was no other supporting evidence against him.
"In the absence of sufficient evidence, it would not be safe to hold the accused guilty of such a serious crime," the court said while acquitting Umarji of all charges of conspiracy.
Kalota, on the other hand, was accused of instigating the mob to attack karsevaks and throw stones at the railway station. Police eyewitnesses and Kalota himself had stated that he was present on the platform.
The court, however, stated that there was no evidence of his role in the entire incident. "Looking at the conduct of the accused at the time of the incident, particularly in his efforts to meet the then DSP of Godhra, Raju Bhargav, making phone calls, and sending the fire-fighters to a nearby tubewell, it is difficult to accept the allegation that he was instigating the crowd."
Giving the benefit of the doubt to Kalota, the court further said that the accused was a practising lawyer and, at the time of the incident, was president of the Godhra nagarpalika.
"Therefore, his presence at the place of incident was but natural. In absence of any cogent evidence, he cannot be held guilty of any of the charges," the court said.
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