In a significant order,the Gujarat High Court has upheld the non-bailable warrants issued by the Court of Judicial Magistrate First Class,Umreth in Anand district,against 16 people in connection with the killing of a person from minority community during the 2002 riots. According to the case details,two separate incidents of communal violence were reported from Ode village in Anand district in the aftermath of the Godhra train carnage. The first incident had occurred on March 1,2002,whereas the second had happened on March 2. In the first incident,23 people were killed,while one person was burnt alive by rioters in the second incident. Though the local police had filed one First Information Report (FIR) in both the incidents against 33 accused,it had submitted two separate chargesheets. However,the Supreme Court-appointed Special Investigation Team (SIT) had further investigated the case and filed a revised charge-sheet in connection with the incident which had happened on March 2,2002. In the revised charge-sheet,the SIT had stated that the 16 accused were not arrested in connection with the second incident,so a fresh process should be initiated against him. Following the same,the Judicial Magistrate First Class (JMFC),Umreth had issued the non-bailable warrants (NBWs) against the 16. The accused had then challenged the order in the Anand Sessions Court. However,the Sessions Court rejected the appeal. Subsequently,they approached the HC to get the NBWs rejected. The counsel of the accused had contended that since the incident is part of the single FIR in which they have already been arrested and later granted bail,they couldnt be arrested again for the same offence. On their part,SIT counsels had argued that the initial investigating police officer had made a mistake by combining both the incidents in a single FIR as both were separate and independent incidents which had to be registered separately. Rejecting the petition,Justice H N Devani stated that the JMFC,Umreth is right in issuing the NBWs against the accused .
