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dna30sep09

08, May 2017


 


The Indian Express
September 30, 2009



Ahmedabad
DNA

Kodnani and Jaideep want ‘conspiracy’ charge dropped

Move special court in
Naroda gaam riots case

DNA Correspondent

Former minister Maya
Kodnani and former Vishwa Hindu Parishad (VHP) leader Jaideep Patel
have moved an application before the special court, seeking that
‘conspiracy’ charges against them be dropped in the Naroda Gam
massacre case. The application will come up for hearing on Wednesday.

The application has
been filed by Kodnani and Patel, along with 80 other accused in the
case, at a time when the special court is going to frame charges
against all the accused this week. In the Naroda Gam massacre case,
eight persons were lynched to death on February 28, 2002.

“In the application,
the accused stated that there are no evidences leading to charges of
conspiracy in the case,” said sources in the SIT.

Counsel for the
accused, Chetan Shah, said: “We have moved the application to drop
‘conspiracy’ charges against all 82 accused, including Maya Kodnani
and Jaideep Patel.”
The application stated that, “There is nothing on record to remotely
suggest that the accused have committed an offence punishable under
section 120B (conspiracy) of IPC. The entire papers, including
statements of witnesses submitted along with the charge sheet, do not
imply complicity of any of the accused in an offence section under
120B.”
It further said: “Even assuming without admitting the nature of
allegations levelled against all the accused, the same are not even
prima facie indicative of the fact that the accused have committed an
offence under section 120B. Merely on the basis of surmises,
conjectures and assertions, without any evidence, made by the
prosecution, the accused cannot be charged for an offence.

The court just has to
see that prima facie there is a case against the accused. There is
nothing on record to even suggest that the present case falls within
the scope and ambit of section 120B.”

Nigam Shukla, special
counsel for SIT, said: “We are going to oppose the application when
the plea comes up for hearing on Wednesday.”


 

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