'Bench may not give justice'

AHMEDABAD: Within a week of filing an affidavit before Gujarat high court seeking transfer of Naroda Patia massacre case from the bench headed by Justice Ravi Tripathi, the riot survivors on Wednesday approached the acting Chief Justice and made a representation in this regard.
The bench headed by Justice Tripathi is hearing appeals in which life imprisonment has been awarded.Justice Tripathi is set to retire on May 6. The high court decided to expedite the Naroda Patia appeals after the Supreme Court directed that the high court should try to complete the case within six months.
Accordingly, from March 23, the bench of Justice Tripathi and Justice R D Kothari decided to start final hearing in the case. However, due to unavailability of the bench on Monday, the hearing was adjourned till Thursday.
One of the victims told TOI on the condition of anonymity that there are many cases in which the apex court has set deadlines. "But in which case are deadlines met? Why is the high court keen on completing only the Naroda Patia case within deadline?"
Eighty-four witness-survivors of the 2002 massacre have appealed just a day before final hearing in the case is to resume. These witnesses have appealed for a change of bench on basis of observations made by the HC while granting bail to one of the convicts, Kirpalsingh Chhabda. The victims said the bench had already reached a conclusion by appreciating the evidence - something that is not allowed in a bail hearing.
They have now submitted before the acting chief justice that the same division bench had "made up its mind to allow appeals and acquit the offenders". Hence, they do not expect any impartial justice from this bench, the victims have said.
The victims have also expressed concern about their own security if the convicts are acquitted. "We are sure the applicants will be acquitted. In such circumstances, we have no other option but to vacate our residences from Naroda Patia and migrate to some other place or city since our lives will not be safe at Naroda Patia."
Ninety-seven persons were killed at Naroda Patia on February 28, 2002. In 2012, a special SIT court convicted 32 accused, including former minister Maya Kodnani and Bajrang Dal leader Babu Bajrangi, and sentenced them to life imprisonment while it acquitted 29 others.