Gujarat HC upholds dismissal of nine police constables over 2002 Godhra train attack

Godhra train attack: The petitioners, including four unarmed and five armed constables, were part of the Gujarat Railway Police’s Mobile Squad.

Court Cites Dereliction of Duty in Tragic Sabarmati Express Incident

In a significant ruling, the Gujarat High Court has upheld the dismissal of nine police constables who were held responsible for negligence in connection with the 2002 Godhra train attack, which led to the death of 59 passengers aboard the Sabarmati Express. The incident, which occurred near the Godhra railway station on February 27, 2002, triggered widespread communal violence across the state.

Constables Missed Duty, Made False Entries

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The dismissed personnel—comprising four unarmed and five armed constables—were members of the Gujarat Railway Police’s Mobile Squad. Their assigned duty on February 26–27, 2002, was to patrol the Rajkot-Bhopal Express and return from Dahod to Ahmedabad aboard the Sabarmati Express. However, after learning that the train was delayed at Dahod station, they chose instead to board the Shanti Express, returning prematurely and making false entries in the station diary to cover up their unauthorized departure.

The next morning, the S-6 coach of the Sabarmati Express was set on fire by a mob at Godhra, resulting in the tragic loss of 59 lives.

High Court Finds No Justification for Absence

Justice Vaibhavi D. Nanavati, in a detailed 110-page judgment dated April 24 (uploaded on the court’s website on May 2), concluded that the constables’ absence from the train due to their own negligence “could have prevented the incident” had they fulfilled their duty as assigned. The judgment emphasized that the constables displayed clear “dereliction, negligence, and carelessness” in performing their duties.

No Criminal Conspiracy, But Accountability Affirmed

While the court clarified that the constables were not involved in any criminal conspiracy, it maintained that the proven charges of misconduct justified their dismissal. The order of removal, it ruled, was both procedurally and substantively valid.

Dismissed Officers Named

The dismissed constables are Gulabsinh Zala, Khumansinh Rathod, Nathabhai Dabhi, Vinodbhai Bijalbhai, Jabirhussain Sheikh, Rasikbhai Parmar, Koshorbhai Parmar, Kishorbhai Patni, and Punabhai Bariya. They were initially suspended on March 1, 2002, and later served with charge sheets for dereliction of duty.