Justice K S Jhaveri of the Gujarat High Court has admitted a petition challenging the dismissal of five police personnel on charges of negligence of duty as members of the mobile police squad of the Sabarmati Express on February 27, 2002.

The five policemen are Jabir Shaikh, Kishor Pattani, Kishor Devani, Rasikbhai Rajabhai and Gulabsinh Devusinh.

In the dismissal order following the suspension and the departmental inquiry, the state government alleged that these policemen had to travel by the Sabarmati Express as part of the mobile police squad. They, however, boarded the Shanti Express from Dahod due to which there was no police protection available to the karsevaks travelling by the Sabarmati Express the same day. The government took the view that the burning of the Sabarmati train could have been prevented had the policemen travelled in the Sabarmati Express.

Arguing on behalf of the policemen, senior advocate Mukul Sinha submitted that as part of the mobile police squad, they had travelled from Ahmedabad to Dahod the earlier day and had reached Dahod on the midnight of February26, 2002. But the Sabarmati Express was running late and instead of arriving at its scheduled time around midnight at Dahod, the train was indefinitely delayed.

As per their regular practice they travelled back by the Shanti Express since they were required to report for duty the next day at 6.00 pm at Ahmedabad.

Sinha argued that there was absolutely no instruction or information given to the five policemen regarding the travel of the karsevaks by the Sabarmati Express or any apprehended danger to the karsevaks.

Sinha also submitted that no senior officer had given them any message regarding this and therefore they could not be held responsible for alleged negligence over some event of which they had no information.

He argued that no evidence whatsoever was found in the enquiry to establish the deliberate burning of the S-6 coach of the Sabarmati Express by any person as a result of any conspiracy.