Gulberg Housing Society massacre: Prosecution seeks death for convicts

The prosecution in the 2002 Gulberg Housing Society massacre case Monday sought the death penalty or life imprisonment till death for all the 24 convicts, calling the attack “barbaric and inhuman”, even as a special court deferred further hearing on sentencing to June 9. Pleading for the maximum punishment, the prosecution said capital punishment could be considered by the court or the convicts be sent to jail and ordered to remain there till their last breath.

As arguments over the quantum of sentence, which lasted for over two and a half hours, remained inconclusive, the special SIT court judge, P.B. Desai, adjourned further hearing in the case to Thursday.

The court had on Friday convicted 24 and acquitted 36 others, while dropping conspiracy charges in the killings of 69 persons.

The massacre shook the nation when a mob of 400 people attacked the housing society in the heart of Ahmedabad and killed the residents. It was one of the nine cases of the 2002 Gujarat riots probed by the SC-appointed SIT.

Out of the total 66 accused, six died during the trial. Of the 24 convicted, 11 have been charged with murder, while 13 others, including VHP leader Atul Vaidya, have been convicted for lesser offences. PTI

Public prosecutor representing the Supreme Court- appointed Special Investigation Team (SIT), R C Kodekar in his arguments before the court said as per section 149 IPC all those who are convicted should be given maximum punishment which is capital punishment “If capital punishment is not considered, they should be sent to jail till they live,” he said. Section 149 of the IPC reads, “If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.”

“The manner of crime was cruel, barbaric and inhuman. Victims’ bodies were roasted alive, in the crime for which there was no provocation, much less in case of women and children who were defenceless,” Kodekar told the court.