2002 Sabarmati Express coach burning in Godhra could have been averted: Gujarat HC upholds sacking of 9 cops
The Gujarat High Court has upheld the dismissal of nine railway police constables who were assigned to patrol the Sabarmati Express on February 27, 2002, the day its S-6 coach was torched near Godhra railway station, resulting in the deaths of 59 passengers. Justice V D Nanavati dismissed their petitions for reinstatement nearly two decades after their removal, stating that their absence due to taking an earlier train constituted negligence and dereliction of duty that could have potentially prevented the tragic incident.
The nine armed constables -- Gulabsinh Zala, Khumansinh Rathod, Nathabhai Dabhi, Vinodbhai Bijalbhai, Jabirhussain Sheikh, Rasikbhai Parmar, Koshorbhai Parmar, Kishorbhai Patni, and Punabhai Bariya -- were suspended on March 1, 2002, shortly after the horrific attack that triggered widespread communal violence across Gujarat. Following a departmental inquiry, they were removed from service in November 2005 under the Bombay Police (Punishment and Appeal) Rules, 1956. Their subsequent appeal was also rejected in 2008.
The constables argued before the High Court that their assigned duty in February 2002 was to patrol trains between Kalupur and Dahod railway stations. They stated that they reached Dahod on the Rajkot-Bhopal Express at 12:07 am on February 27, 2002, and were scheduled to board the Sabarmati Express at 12:38 am from Dahod to Ahmedabad. However, due to a delay in the Sabarmati Express, they boarded the Shanti Express at 4:45 am and returned to Ahmedabad. They claimed that taking an alternative train was a routine practice for mobile police units and that no prior disciplinary action had been taken for such instances. They sought reinstatement, with family members of deceased petitioners later joining the legal battle.
Representing the state government, Additional Advocate General Manisha Lavkumar argued that the constables' removal was the result of a proper inquiry. She further submitted that the policemen had made false entries in records at the Dahod railway outpost, falsely claiming they boarded the Sabarmati Express, which was proven during the inquiry.
After extensive hearings, Justice V D Nanavati rejected the policemen’s petitions. In her order, she highlighted that the constables had made "bogus entries" and instead boarded the Shanti Express from Dahod. The judge emphasized the significance of the Sabarmati Express, classifying it as an 'A' category train known for a higher frequency of untoward incidents, requiring a minimum deployment of three armed constables with rifles and cartridges, along with other personnel and plainclothes officers.
The High Court order stated, "The petitioners, admittedly having been assigned such important duty, have casually thought it fit not to travel by the assigned train and travelled by the Shanti Express. The reasonings assigned by the competent authorities do not call for any interference." The ruling effectively upholds the nearly two-decade-old decision to dismiss the nine railway police constables for their dereliction of duty on the fateful day leading up to the Godhra train burning.