Supreme Court rejects convicts’ plea against two-judge Bench hearing Godhra train burning appeals

Supreme Court rejects convicts' plea for three-judge Bench in Godhra train burning case, commences final hearing.

The Supreme Court on Tuesday (May 6, 2025) rejected the vehement submissions of few convicts that a two-Judge Bench cannot hear their appeals against conviction as the matter pertained to the award of death penalty to 11 accused in the 2002 Godhra train burning case.

Senior advocate Sanjay Hegde, appearing for two convicts, told a Bench comprising of Justices J.K. Maheshwari and Aravind Kumar that a three-Judge Bench has been held in the Red Fort terror attack case, in which Mohammad Arif (alias Ashfaq) was handed down the death penalty, that a three-Judge Bench has to hear cases pertaining to award of the capital punishment.

“Suppose, this Bench of two Judges decides to award death penalty to some accused then it has to be re-argued before another Bench of three Judges,” the senior lawyer said.

A Constitution Bench of the Supreme Court had in its September 2014 judgment concluded that in all cases in which death sentence was awarded by the High Court, such matters be listed before a Bench of three Judges.

Dismissing the submissions, the Bench referred to relevant Supreme Court rules and the judgment, and said a three-Judge Bench has to hear appeals in cases where the High Courts have either confirmed death penalty or awarded it after hearing the appeals of parties.

“The Gujarat High Court, in the present case, commuted the death penalty of 11 convicts into life imprisonment and did not award the death penalty… The trial court had awarded the death penalty in this case,” Justice Maheshwari said, adding the rule and the Supreme Court judgement did not bar hearing of the appeals in the present case by a two-Judge Bench.

“The objection is repelled,” the Bench said and commenced the final hearing in the case.