Gulberg massacre: Firing by Ehsan Jafri provoked mob, led it to killing frenzy, says court

New Delhi: Ruling out any conspiracy angle in the 2002 Gulberg Society massacre, a special court on Friday said firing by former Congress MP Ehsan Jafri, in which one person was killed, provoked and infuriated the mob that led it to the “killing frenzy”, but asserted that the firing cannot condone the acts of the mob.

“It was the private firing by Shri Ehsan Jafri that acted as a catalyst and which infuriated the mob to such an extent that it went out of control, the limited police force available there had no means to control or disperse such mob, which had gathered in large numbers post the incident of private firing,” special SIT court judge P B Desai said in his order.

As many as eight rounds were fired from Jafri’s gun, killing one and injuring 15, the order said.

“Shri Ehsan Jafri had perpetrated acts of firing from his weapon from different locations within Gulberg Society upon the mob, causing injuries and death of one person, which in my opinion was the catalyst, which provoked the mob to such proportions that it went out of control and thus resulted into the killing frenzy, where a large number of innocent persons lost their lives,” the court said.


Rejecting the conspiracy angle to the incident, the court said it was “unnatural” that while no grave untoward incident took place between 9.30 am and 1.30 pm (on February 28, 2002), things turned “ugly” all of a sudden after 1.30 pm “as if some tap was turned on, which resulted in a flood of water and the carnage was perpetrated.”

“There was absolutely no pre-planned conspiracy to butcher or kill members of the minority community, more particularly at Gulberg society…The evidence…with regard to the elements of criminal conspiracy is extremely flimsy,” it said.

The sting operation by journalist Ashish Khaitan had “no evidentiary value” to establish the theory, it said.

Khaitan had filmed the accused Mangilal Jain, Prahaladji Asori, Madanlal Raval, Atul Vaidya, Bharat Teli, Meghsinh Roopsinh and police inspector K G Erda on hidden camera, but he did not provide the entire recording, and “material emerging from the (sting operation) does not inspire much confidence”, said the court.

The court, however, added that this fact cannot “in any manner excuse or condone the acts of the mob, which perpetrated the violence needlessly upon innocent men, women and children and hacked them to death and ensured that many others were burned to death in the carnage that followed such private firing.”

“The incidence of Gulberg society is in fact a culmination of a series of incidents, which happened at different time frames… suddenly transgressing into this grave and heinous carnage which has resulted in the death of such large number of women, children and elderly,” it said while rejecting conspiracy theory.

“The carnage took place on account of a spontaneous gathering of a large mob on accounts of the news having spread that number of persons of the majority community have been injured/killed in a private firing by Shri Ehsan Jafri, which further resulted in the entire carnage taking place,” it said, while rejecting the conspiracy theory.

The court in Ahmedabad on Friday sentenced 11 convicts to life imprisonment in the case of burning alive of 69 people, including Jafri, in the 2002 post-Godhra violence. The court also awarded 10-year jail term to one of the 13 convicted for lesser offences while 12 others have been given seven-year sentence each.