2002 Sardarpura massacre: 6-year delay kills conspiracy theory

Most of the testimonies that seemed to point to a prior conspiracy behind the 2002 Sardarpura massacre, were given in 2008. In rejecting the prosecution argument that the massacre was the result of a conspiracy, the special trial court gave great importance to witnesses giving evidence about this after a six-year delay.

The court seems to have relied mainly on the first chargesheet filed in the case by the Gujarat police and ignored the evidence and testimonies collected later by the Supreme Court-appointed special investigation team (SIT). It may be mentioned here that the SIT took over the investigation of Sardarpura massacre case after it was constituted in February 2008.

The trial court has noted in its judgment that the witnesses were silent on the conspiracy aspect of the massacre for a long time. It says there was no mention of it in the first charge-sheet filed by the Gujarat police before the case was taken over by the SIT. The court disregarded most of the witnesses because there was no whisper of a conspiracy prior to 2008.

In arguing that the massacre was the result of a conspiracy, the prosecution had relied on several alleged incidents. These alleged incidents were: the meeting organized by VHP leader Harsh Bhatt; another organized by then MLA Narayan Lallu; installation of halogen lights prior to the massacre; live electric wires kept in the open; distribution of kerosene; conversation of one Basirbibi with the local grocery shop-owner and, finally, the key to the water works being taken from the residents.

However, while evaluating the witness statement about these alleged incidents, the court in its judgment has noted the delay in recording them and the discrepancies in the statements of the witnesses.

The prosecution had also relied on the statement of one Sabirmiya Pathan who had stated that 20 to 25 days prior to the massacre, Bhatt had visited and distributed trishuls in the village.

But the court rejected his statement observing that, first of all, this witness had sent his petition to the SIT dated May 6, 2008. Further, we cannot infer from Pathan's statement that the massacre was the outcome of the above meeting at which trishuls were distributed, the court stated.

The court observed that the Godhra train carnage took place on February 27, 2002. If the meeting was organised 20 to 25 days prior to the incident, then there was no connection between the meeting and the incident, the court said.

Another serious allegation was made by Manga Rawal who had claimed that he had seen one Rama Mohan on a tractor carrying barrels of kerosene and petrol and that he had seen people taking petrol and kerosene from him. The prosecution had argued that the petrol and kerosene were distributed in the village prior to the incident and for use during the riots. To this, the court noted that until he made his statement before the SIT, Rawal had disclosed nothing.

Accounts of other incidents such as taking away of the key of the water works and the installation of halogen lights also failed to cut ice with the trial court because they were made after a delay of several years.

The court also observed that there were several discrepancies in the statements of the witnesses.

"Regarding the evidence about gram flour bhajiya, it is not established whether it was the shop of Dahya Vanabhai or Dahya Hirabhia. Further, regarding the taking away of the key from Becharbhai Odhavbhai, there are many discrepancies in the accounts of witnesses," the court said in its judgment.