HC pardons govt's 674-day delay in Godhra case appeal

Ahmedabad: The state government failed to file an appeal in the Gujarat high court for nearly two years, against an accused in the Godhra train burning case who was acquitted in this very serious case.
The case pertains to Ismail Chhunga, who was wanted in the Godhra carnage case, in which 59 passengers including karsevaks returning from Ayodhya were charred to death on February 27, 2002.He was arrested on March 3, 2011, after absconding for nine years. A special SIT court acquitted him of conspiracy, murder and rioting charges on November 30, 2013.
The state government had 90 days to challenge the acquittal before the HC, but it could file the appeal only on January 5, 2016 - some 674 days after the limitation period ended. The reason for the delay was that opinions from the advocate general and law minister were obtained in this case. The state government urged the HC to pardon the delay on the grounds that this is a very serious offence and the magnitude and gravity demands a fair opportunity to present the case on merit. It would be in the public interest if the court pardoned the delay.
On the other hand, the defence lawyer argued that the basic necessity in this case was not fulfilled and there was no opinion from the special public prosecutor. Instead, the file was sent to the advocate general and the law minister, which is not appreciable. It was also argued that an expert opinion is required for filing of an appeal against the trial court's order. At most, it is the law secretary who takes a decision on such issues after approval from the minister.
After hearing the arguments, the high court pardoned the delay last week on the grounds that the state government should be given another opportunity to present its case on merit in the public interest, looking at the seriousness, magnitude and gravity of the offence. The HC admitted the state's appeal.