SC junks Godhra convicts' petition on 2-judge bench

Counsel argues for 3-judge bench citing ruling in Red Fort terror case

- SUCHITRA KALYAN MOHANTY @ New Delhi

THE Supreme Court on Tuesday rejected the argument that appeals against conviction in the 2002 Godhra train burning case should be heard by a three-judge bench instead of a two-judge bench as it involves the imposition of the death penalty.

Senior advocate Sanjay Hegde, representing two of the convicts, informed the bench, which also included Justice Aravind Kumar, that a previous ruling in the Red Fort terror attack case established that such matters should be reviewed by a three-judge bench when it involves capital punishment.

Hegde contended that if a two-judge bench were to decide on a death penalty for any accused, the matter would subsequently need to be re-argued before a three-judge bench. He referred to a Constitution bench ruling from September 2014 that mandated that cases involving death sentences awarded by high courts should be presented to a three-judge bench.