In a significant ruling on Friday, the Supreme Court acquitted six individuals previously convicted in a post-Godhra riots case, underscoring the necessity for courts to ensure that bystanders are not wrongfully convicted. Justices P S Narasimha and Manoj Misra, presiding over the bench, highlighted the importance of judicial prudence in cases involving large group clashes.
The case originated from an incident in the village of Vadod, Gujarat, on February 28, 2002, where a riot reportedly resulted in the destruction of public property and damage to police vehicles. An earlier judgment by the Gujarat High Court had reversed a trial court decision, convicting six while acquitting twelve others.
Justice Narasimha noted, “In cases of group clashes where a large number of persons are involved, a onerous duty is cast upon the courts to ensure that no innocent bystander is convicted and deprived of his liberty.” The court criticized the reliance on testimonies that were vague or generalized without specific references to the accused individuals’ actions.
During the proceedings, it was pointed out that often, in such volatile scenarios, local residents or onlookers, out of curiosity, step out to witness the events, thus becoming part of the crowd without participating in any unlawful activities. “Such persons, though present, may not necessarily be part of the unlawful assembly,” Justice Misra elaborated.
The bench employed what it described as a “plurality test,” where convictions should be based on consistent and corroborative witness accounts specifically identifying the accused’s overt acts. In this case, the court found the evidence insufficient to link the appellants directly to any criminal actions during the riots.
The justices further explained that mere presence at a scene, without clear evidence of involvement in violence or encouragement of the mob, does not qualify someone as a member of an unlawful assembly. The court also noted the importance of distinguishing between active participants and mere onlookers in chaotic situations where accurate identification of individuals is challenging.
