The observation was made recently by justice Abhilasha Kumari while rejecting the bail application of Subhashchandra Darji, an accused in the 2002 Naroda Patiya riot case.
Terming the killing of 95 people in Naroda Patiya area of the city during 2002 riots as "unparalleled in modern society", the Gujarat High Court has said such incidents "undermine the very foundation of law".
The observation was made recently by justice Abhilasha Kumari while rejecting the bail application of Subhashchandra Darji, an accused in the 2002 Naroda Patiya riot case who was arrested by the Supreme Court-appointed Special Investigation Team (SIT) in November last y ear. "The present case is not comparable with any ordinary case. The background of the case and its effect on the public cannot be overlooked," the court said.
"In fact, it is a case of wanton, mass carnage, almost unparalleled, in modern society. Such offences invariably have a negative impact upon the larger interest of the public and the State and undermine the very foundation upon which the edifice of rule of law is built," it noted.
Darji was employed with the Gujarat State Road Transport Corporation (GSRTC) in 2002 and was working in its workshop at Naroda Patiya. He is accused of throwing burning rags on residents of Hussain Nagar Chawl. Out of the 95 killed in the Naroda Patiya area, 58 were from the Chawl.
Darji's advocate, during the course of hearing, had submitted that his client was in custody since November 2008 and his wife was facing hardship as his pension was withheld by the government. Darji was not named in the FIR filed in the case in 2002, but was arrested following investigation by the SIT.
Two witnesses whose statement was recorded by SIT had named Darji. The court while rejecting his bail application said, "witnesses have clearly implicated the applicant and the existence of a prima-facie case is clearly indicated from the material on record against the applicant (Darji)."
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