Court refuses to make Pande, Tandon accused in Gulbarg case for now

AHMEDABAD: A special trial court hearing the Gulbarg Society massacre case on Tuesday refused to entertain the application filed by the victim-witnesses demanding implication of four cops in the case, including former police commissioner P C Pande.

Designated judge, B J Dhandha refused to pass any order in connection with arraignment of Pande along with JCP M K Tandon, then DCP P B Gondia and first investigating officer ACP S S Chudasama on charges of dereliction of duty and destruction of evidence. The court did not pass any order on the ground that the Supreme Court was seized with the matter after the SIT's report. The SC has asked the amicus curiae Raju Ramchandran to look into the matter whether the evidence calls for making a case against Tandon and other officials.

Not finding it proper to take a call on the application by the trial court at this juncture, the designated judge observed, "It is against judicial discipline to pass any order by this court by relying upon the documentary evidence of phone calls of police officers and to discuss the matter about whether four police officers may be arraigned as accused or not..."

The victims had sought arraignment of these cops first at the stage of recording evidence, but the presiding officer then, B UJoshi kept his decision pending in this regard till the stage of final arguments. Final arguments began last year, but the proceeding could not be done after the judge was transferred. This application was heard finally by the new judge, who has again concluded that this is not the stage, where this decision can be taken. "At this stage, no order is passed in this application.

The victims may submit arguments about this application at the time of final argument," the order reads. During the hearing of this application, SIT expressed its view about the role of these four cops. "They have done their job considering the situation of the day, as per satisfaction of themselves. We cannot conclude and criticize the decision right or wrong on hypothetically surmises..." Sixty-nine persons were killed in Gulbarg Society on February 28, 2002, and 67 persons are being tried for the offence.