Arguments end, court to fix sentencing date on Monday

After arguments on the quantum of sentence came to an end with the final submission by prosecution today, the special SIT court Judge PB Desai adjourned the hearing to June 13, when he is expected to fix the date for handing out the quantum of punishment.

During arguments, special public prosecutor and SIT counsel RC Kodekar submitted various Government Resolutions regarding the compensation to be given to the survivors and relatives of victims of Gulbarg. However, the court was not fully convinced with the submissions and said that there exists no straight jacket formula to decide about the compensation in such cases.

“Compensation to whom ? on what basis? to what extent ? It’s not as simple as you are demanding. How long we will drag this case ?” asked the judge. Demanding harsher punishment, Kodekar told the court that the case falls in the category of “rarest of rare” and the quantum of punishment should serve as a message to the society that such acts will not be tolerated. 

Earlier on Monday, prosecution had sought death penalty for all the 24 people convicted for the gruesome killings. The defence lawyers had however sought lenient punishment for the guilty.

On Monday, the prosecution was given a chance to counter arguments put up by the defence counsel. To emphasise his view about giving stricter punishment, Kodekar told the court that those involved in the ghastly act of killing the residents of Gulbarg were either known to them or their neighbours, not terrorists. 

“There is difference between a terrorist act and an act of murder by the neighbours. Yakub Memon, Afzal Guru and Kasab were either terrorists or supporters of an alien country’s notions. In this case, I can say that Bhai ne bhai ko mara (brother killed his brother). They were friends and neighbours of the victims,” said Kodekar. Though the court had already ruled out the conspiracy angle in its earlier judgement, Kodekar maintained that the convicts had decided to kill the minority community residents of Gulbarg “from the very first moment”.

“Witnesses said that the mob were chanting two slogans “Jai Shri Ram” and “Kill Muslims”. They surrounded the society from all sides. It shows that they have already made up their minds to kill Muslims” submitted Kodekar, who urged the court to award punishment of life until death, if not the capital punishment, to the convicts. 

Lawyer of victims, SM Vora too demanded maximum punishment for the convicts. At one point, the judge stopped him from making further submissions, saying that similar submissions were already made by SIT lawyer. When Vora insisted, Desai asked him if he feels that SIT has not done its job properly. 

“The arguments cannot continue endlessly. It has to end somewhere. I will announce the date for final judgement on quantum on Monday,” said Desai after stopping Vora midway during his submissions.

Upset after Monday’s proceedings, Vora told media outside the court that SIT should have put the case in a more effective way. He claimed that the SIT and its lawyers have failed to highlight the conspiracy angle during the trial. Yesterday, lawyer for accused Abhay Bhardwaj presented lengthy arguments against demands for capital punishment or life sentence till death.

Bhardwaj said the court should consider mitigating circumstances for convicts including their prior criminal record, age, socio-economic background, possibility of rehabilitation, and whether they can reform, before pronouncing their sentence.

The SIT court had on June 2 convicted 24 people and acquitted 36 others, while dropping conspiracy charges. Out of the total 66 accused, six had died during the trial, nine are behind bars at present while others are out on bail.

Of the 24 convicted, 11 have been charged with murder, while 13 others including VHP leader Atul Vaidya, have been convicted for lesser offences.The Gulbarg Society massacre here took place on February 28, 2002.