AHMEDABAD: More than two decades after being accused of participating in the 2002 Gujarat communal riots, three men have been acquitted by an Ahmedabad court after the alleged “hard videographic proof” against them vanished during trial. The case collapsed when the key witness — the videographer who purportedly filmed the footage — withdrew his statement, and the video cassette itself went missing.
The three accused had been charged based on a complaint by Satish Dalwadi, a videographer who claimed to have recorded footage showing them carrying firearms — including one resembling an AK-47 — during rioting in Dariapur on April 14, 2002. However, the tape was never presented in court, and Dalwadi ultimately turned hostile, refusing to support the prosecution’s case.
According to the prosecution, then Dariapur police inspector R. H. Rathod had instructed Dalwadi, a member of the local peace committee, to document incidents of violence during the riots. Dalwadi later handed over a VHS cassette that allegedly showed Alamgiri Shaikh, Hanif Shaikh, Imtiyaz Shaikh, Raufmiya Saiyed, and others engaged in violence. On this basis, two FIRs were registered, and a chargesheet was filed under the Indian Penal Code and the Arms Act.
The police claimed that Imtiyaz Shaikh was seen wielding an automatic weapon resembling an AK-47 and that another unidentified person was holding a revolver, both allegedly aimed at members of the Hindu community.
However, over the span of 23 years, the case unraveled. One of the accused, Hanif Shaikh, and several witnesses, including an investigating officer, died during the prolonged proceedings. Many of the surviving witnesses turned hostile, weakening the prosecution’s case further.
One witness told the court that his signature had been taken “while he was having tea at a restaurant,” while Dalwadi himself stated he was unsure what his video recording contained. Another officer, PSI H. H. Chauhan, also retracted his earlier statement.
In its verdict, the court noted the complete absence of physical or documentary evidence linking the accused to the alleged crime.
“The video cassette has not been presented in evidence. Moreover, no weapon has been recovered, nor has any oral or documentary proof been submitted to show that the accused possessed arms at the time of the incident,” the court observed.
With the key evidence missing and witnesses retracting, the court concluded that the prosecution had failed to establish any charges — bringing an end to one of the lingering cases from the 2002 Gujarat riots.
