The accused were allegedly part of a mob that attacked the home and shop of the deceased, Samsuddin, looted property, set it on fire, and threw him into the flames, causing his death
NEW DELHI — The Gujarat High Court has confirmed the acquittal of five men accused of killing Samsuddin alias Kasamkhan by throwing him alive into a fire during the 2002 Gujarat violence. The court ruled on Friday (May 1) that the prosecution could not prove their role beyond a reasonable doubt.
A division bench of Justices Nirzar S Desai and D N Ray said the case collapsed largely on identification. Key witnesses, including the deceased’s wife, could not pin specific actions on the accused. She placed some of them at the scene, but stopped short of saying they took part in the killing. Other witnesses admitted the attack was carried out by a mob of 400 to 500 people at night, making it impossible to single out individuals in the chaos.
The prosecution had alleged the five were part of a mob that stormed Samsuddin’s home and shop in Khodiarnagar, Vadodara, on the night of February 28, 2002. The group allegedly looted goods, torched the property, assaulted Samsuddin, and threw him into the flames. But the court flagged major gaps: the doctor who examined the remains could not confirm the bones belonged to Samsuddin, and the original complainant said she didn’t know who the rioters were. She only signed a complaint that was shown to her.
The State had appealed a 2003 sessions court verdict that cleared the men of rioting, unlawful assembly, arson, murder, and abetment under the IPC. It argued the trial court ignored eyewitness accounts and leaned too heavily on the lack of identifiable remains. The high court disagreed, saying the trial judge’s reasoning was sound and the benefit of the doubt had to go to the accused.
The killing took place during weeks of anti-Muslim violence that erupted across Gujarat after the Godhra train burning on February 27, 2002. Mobs linked to the VHP, RSS, and BJP were accused of targeting Muslims in coordinated attacks. Official estimates say around 3,000 Muslims were killed, 20,000 homes and businesses destroyed, 360 places of worship damaged, and nearly 150,000 people displaced.
Narendra Modi, Gujarat’s chief minister at the time and now prime minister, faced allegations that his administration allowed the violence to unfold. Critics pointed to reports that mobs carried lists of Muslim properties and that many attacks happened near police stations. Modi has denied wrongdoing, and a Supreme Court-appointed SIT in 2012 found no prosecutable evidence against him.
Pattern of Acquittals
The Khodiarnagar case joins a long list of 2002 riot cases where the accused were acquitted years later. In 2015, six men were cleared in the killing of three British Muslims near Prantij. In 2016, 36 were acquitted in the Gulbarg Society massacre, where 69 people, including ex-MP Ehsan Jafri, died. That same year, the Gujarat HC acquitted 14 of 31 convicted in the Sardarpura massacre of 33 Muslims. In 2018, it upheld 23 acquittals in the Ode massacre. And in 2023, a special court acquitted all 67 accused in the Naroda Gam case, including former BJP minister Maya Kodnani.
The high court’s latest order once again highlights how difficult it has been for prosecutors to secure lasting convictions in 2002 riot cases, with large mobs, delayed trials, and shaky witness testimony repeatedly weakening the state’s case.
