CJP Welcomes Sessions Court Judgment in Odh Massacre Case
09, Apr 2012
CJP welcomes the decision in Sessions Case Nos 45/2008 (CR No
23/2002) to convict 23 of the 47 accused charge sheeted in the Odh
massacre case
The Citizens for Justice and Peace (CJP) welcomes the
decision in Sessions Case Nos 45/2008 (CR No 23/2002) to convict 23
of the 47 accused charge sheeted in the Odh massacre case in Anand,
Gujarat. Eighteen of those convicted have been convicted under
sections 302, 120B and 149 of the Indian Penal Code and others under
section 307, 120 B and 149.
The CJP salutes the courage and resilience of the witness survivors
who despite being displaced into towns and villages all over Anand
district, deposed in court without fear and ensured that justice was
done. The fact that witness protection was provided by the CISF,
following the Supreme CourtÂ’s directions on a petition filed by the
Citizens for Justice and Peace (CJP) and the continued monitoring of
the trial by the apex court no doubt ensured this result.
There are lessons to be learnt from this and other post Godhra cases
that are systemic –the need for independent investigations which are
timely and immediate, the need for a robust witness protection
programme and the necessity for the higher judiciary to keep an eye
on cases of mob violence.
The CJP recognises the hardship that witness survivors have had to
put up with. A few families live in fear in Odh whereas the vast
majority live in nearby Bhalej, Dhunagra, Sureli, Anand. Many
families live on agricultural lands surrounding Odh where the
humiliation of boycott is a reality. Even today water from common
water sources is denied to the survivor witnesses. This is the
price, the heavy price that those who have stood by the struggle for
justice. The CJP appeals to the state government and the
administration to abide by its constitutional mandate and ensure
genuine rehabilitation and reparation of the survivors of the Odh
massacre.
Sentencing of the accused will be pronounced on April 12, 2012.
Advocates Irshad Mansuri and Nasir Shaikh appeared for the survivor
witnesses on behalf of CJP.
Teesta Setalvad, Secretary, CJP from Anand
List of Accused Convicted and Sections under which they have been
convicted
Vinubhai Bhikabhai Patel, 302, 120 B
Atulbhai Dahyabhai Patel, 302, 120 B
Vijaybhai Ravjibhai Patel, 302, 120 B
Devangbhai Harshadbhai Patel, 307, 120 B, 149
Girishbhai Somabhai Patel, 307, 120 B, 149
Prakashbhai Jassubhai Patel, 307, 120 B, 149
Dilipbhai Vallabhai Patel, 302, 120 B
Harisbhai Vallabhai Patel, 302,120 B
Dilipbhai Somabhai Patel, 307, 120 B, 149
Jayendrabhai Satishbhai Patel, 302, 120 B, 149
Sureshbhai Bhailalbhai Patel, 302,120 B, 149
Arvindbhai Ravjibhai Patel, 302, 120 B, 149
Hemantbhai Sanabhai @Gokulbhai Patel, 302,120 B, 149
Sanatkumar Ranchodbhai Patel, 302,120 B, 149
Manubhai Jethabhai Patel, 302,120 B, 149
Dilipbhai Ranchodbhai Patel, 302,120 B, 149
Poonambhai Laljibhai Patel, 302, 120 B, 149
Dharmeshkumar Nathubhai Patel, 302,120 B, 149
Vinubhai Sanabhai Patel, 302,120 B, 149
Natubhai Mangalbhai Patel, 302,120 B, 149
Praveenbhai Mangalbhai Patel, 302,120 B, 149
Name of Witnesses CR 45/2008 (Formerly CR 23/2002)
Odh Incident Khambolaj Police Station
1. Rafik Khalifa Complainant
2. Majidmiya Muradmiya Malek
3. Mehmudabibi W/o Majidmiya Muradmiya Malek
4. Mohammedkhan Akbarkhan Pathan
5. Safimiya Mohammedmiya Malek
6. Kalumiya Jeevamiya Malek
7. Arifmiya @ Lalmiya Jusab
8. Firozkhan Matbarkhan Pathan
9. Aiyubkhan Kasamkhan Pathan
10. Yasinkhan Mehmudmiya Malek
11. Hussainkhan Hasukhan Pathan
12. Matbarkhan Bhikhankhan Pathan
13. Mehbubmiya @ Kalumiya Hasumiya Shaikh
14. Sikandarmiya Ahmedmiya Malek
15. Yasinkhan Mustufamiya Malek
16. Nabimiya Akbarmiya Malek
17. Ahmedmiya Jeevamiya Malek
18. Kalumiya Mohammedmiya Malek
19. Ruksanabanu W/o Iliyas Nabimiya Malek
20. Merajbibi (PW 109) Rasoolkhan Pathan (injured witness was
added)
