File: Maya Kodnani, a state assembly lawmaker and former Gujarat state minister, arrives for a court hearing in the western Indian city of Ahmedabad. Kodnani and 31 others were convicted for their role in one episode of bloodletting that took place during the Gujarat riots -- the Naroda Patiya massacre, in which 97 people were killed. (Reuters)

Gujarat Government has taken a decision to file an appeal in the 2002 Naroda Patiya Massacre case and demand capital punishment for 10 convicts that include former BJP Minister and gynaecologist Dr Maya Kodnani and Bajrang Dal leader Babu Patel alias Bajrangi. With this, the state government has also decided to file appeals for enhancement of sentence of 22 convicts and against acquittal of seven accused who got benefit of doubt from the special trial court.

There will be a panel of three lawyers who will handle the appeals at Gujarat High Court. The three names include Prashant Desai, Alpesh Kogje and Gaurang Vyas. Desai will be the Special Public Prosecutor whereas, Kogje and Vyas will be Assistant Special Public Prosecutors in the matter at HC.

Talking to The Indian Express, Vyas who was also the special assistant public prosecutor before the special trial court said, "The legal department of Gujarat State had taken a decision to file appeals in the case sometime back and a resolution was also passed in this regard. The panel of the lawyers for conducting the appeals has also been decided yesterday."

According to Vyas, the decision to file appeals in the case is three-fold. The first set of appeals is for 10 convicts for whom the state government has decided to seek death sentence. These names include, Dr Maya Kodnani, Babu Bajrangi, Naresh Chhara, Murli Sindhi, Haresh Rathod alias Hariyo, Suresh Didawala alias Langado, Premchand Tiwari, Suresh Netlekar alias Sehjad, Manoj Kukrani and Bipin Panchal alias Bipin Auto. Of these, Kodnani and Bajrangi are also accused in the Naroda gaam case, where the verdict is still pending.

The state government has also decided to file appeal for enhancement of the sentence of 22 other convicts in the case demanding their life imprisonment sentence till 30 years.

The trial court had acquitted 29 persons in the case. Out of them, the state government has taken decision to move appeal against seven that includes the other two female accused, Gita Rathod and Ramila Rathod. Gita and Ramila are daughters of AMTS driver Bhavanisinh Rathod who was arrested for the alleged rape on Kausarbano, and died during pendency of trial.

In August last year, the special trial court for the case presided over by special judge, Jyotsana Yagnik, had convicted 32 persons and acquitted 29 persons. The court had awarded life imprisonment to 31 convicts and condemned Babu Bajrangi to life imprisonment till death.

Ninety seven Muslims were killed and many others were injured when a mob of thousands attacked Naroda Patiya locality on February 28, 2002. Initially, the case was investigated by Ahmedabad City Detection of Crime Branch. Later, the Supreme Court handed over investigation of the case to SIT. Total 61 persons had undergone trial in the case.

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