Every justice-loving person, and all those who know the facts behind the burning of S-6 coach of Sabarmati Express, will welcome the decision of Gujarat High Court that the fire might have been accidental. The Court said that application of infamous POTA was not proper; therefore the accused may be tried under ordinary laws.
It is not that the court has found out some new shred of truth. It was opined earlier by Justice U.C. Banerjee Committee appointed by Railway Ministry that the burning of coach was purely accidental. Even before that, within a few months of the accident, the Central Forensic Laboratory Ahmedabad had ruled out the possibility of inflammable liquid having been poured out from outside. After ground tests it had proved that it was quite impossible to throw the liquid from outside and suggested that the fire started from and inside the compartment itself.
In spite of these conclusions the Narendra Modi-led BJP government of Gujarat had been maintaining all along that the burning was a deliberate act and result of a planned conspiracy hatched by Godhra Muslims. This not only erroneous but biased attitude of Modi government resulted in framing 103 persons, who have been behind bars for the last seven years. The draconian POTA, which was enacted by an equally unjust, prejudiced and revengeful dispensation at the Centre, was slapped on more than 100 hapless accused. This draconian law is a travesty of the very spirit of natural justice and allows law enforcing agencies to withhold identities of witnesses and treat confessions taken under duress, through use of police torture, as admissible evidence. Under regular law a person can deny such forced confessions in court. POTA was enacted by BJP dominated central government to deny justice to such accused persons.
It must be recalled that NHRC had objected to the use of POTA against the accused of Godhra. Its chairman had termed it as grossly discriminatory and asked why POTA against the Godhra accused and no POTA against the accused of post-Godhra massacres. Out of 108 persons thrown in jails, five died there without being heard or getting any justice, more fortunate 13 had to be released because of lack of evidence and 80 have been languishing in their cells for seven years. The Gujarat High Court judgement that the “incident … falls short of requirement of an act of terror” has opened the door of a fair trial to the accused who have been denied fair trial for so long, and came as a relief to the suffering families.
In this regard everyone can see the mala fides of the revengeful and anti-justice government of Modi. The verdict has come as a major embarrassment to the Modi government and victory to the demands of justice and fair trial. Now it appears that no other weapon of injustice has remained in the armoury of Modi government, therefore no further mental torture is possible for the hapless victims and a speedy trial may bring true justice at the earliest. It is said that justice should be done and should also be seen to have been done. Let there be justice to one and all and let us hope that we will see it being done.