Ahmedabad, April 9, 2010: Gujarat High Court had ordered police to take stringent steps to capture man convicted of burning a young Christian employee to death in 2005 and sentenced to life imprisonment. The accused was caught and jailed in 2005, but fled custody in 2007. He was recaptured on 19.03.2010.

Writ petition filed in Gujarat High Court to prevent accused from escaping again if furlough holiday of 14 days or another law was used improperly by police.

Mr. Robinson Joseph Christian, a member of the minority Christian community, was burnt and killed by sprinkling petrol by Mr. Pravinbhai Madhavbhai Patel. Mr. Patel was punished for life imprisonment by the Sessions Court of Ahmedabad on 16.02.2005 but fled away from Central Jail, Sabarmati, Ahmedabad. He was taken into custody on 19.03.2010.

Samson Christian, National Executive Member and General Secretary of the All India Christian Council, said, "We want the police to follow the rule of law as instructed by the good orders of the Honourable Gujarat High Court. The man convicted of burning a Roman Catholic employee to death should not be allowed to escape imprisonment again. We are deeply disturbed that the "furlough" law, which allowed this criminal to flee in 2007 and commit more crimes, or another loophole might be used by negligent police again.”

The victim, Mr. Robinson Joseph Christian was a driver in Patel Transport Company located in Vatva Industrial Area of Ahmedabad City of Gujarat State. He needed money for celebration of Christmas and, on the evening of 24.12.2004, requested Rs.500/- for salary owed to him and Rs.200/- for salary advance from Mr. Patel who was the proprietor of Patel Transport. Mr. Patel denied the request and threatened the boy saying, "I will kill you today". He took petrol from the drum lying in the office and sprinkled it on the body of Robinson, struck a match stick and started the fire. When Robinson shouted, the labourer working in the nearby factory came. Robinson was admitted in L.G. Hospital run by Ahmedabad Municipal Corporation in Maninagar, Ahmedabad. F.I.R. No.720/2004 was lodged under section 307 of Indian Penal Code (IPC) on 24.12.2005 at 8:45 p.m. in Vatva Police Station.

While in the hospital, Mr. Robinson met Amit Joshi, the co-assistant of Mr. Patel. Joshi threatened Robinson with death by poison. Robinson then lodged a written complaint against Joshi before the Police Commissioner of Ahmedabad City and Vatva Police Station on 23.01.2005. The police department did not take any action.

On 13.02.2005, Mr. Robinson died and section 302 of IPC was added in I.C.R. No.720/2004 lodged against Mr. Patel at Vatva Police Station. The accused, Mr. Patel, was caught on 16.02.2005 because of the efforts of the All India Christian Council (AICC). During the hearing of this case in Sessions Court No. 4, Advocate Shri Kamlesh Christian appeared on behalf of Mr. Robinson. Judge Shri M.P. Gamara Saheb of City Session Court declared Mr. Patel was guilty and ordered life imprisonment and Rs. 1000/- penalty. If money wasn't paid, 3 more months in prison was ordered for the murder.

Mr. Patel was interred as Prisoner No. S/11226 in the Central Jail at Sabarmati. According to law of furlough, he was allowed to leave for 14 days on 22.01.2007. He did not return to jail on 13.02.2007 so Sabarmati Police Station declared him as an absconder.

The AICC had appealed to many authorities including the President of India for catching the accused. Orders were given to take stringent steps by the Ministry of Home Affairs to the Chief Secretary of Gujarat, National Human Rights Commission, National Commission for Minorities, Home Minister of Gujarat, Director General of Police and to Police Commissioner of Ahmedabad.

However, the police of Gujarat have not shown seriousness. The accused along with an accomplice committed another crime after escaping on the furlough leave.

Finally a Special Criminal Application No. 474/2009 was filed in the Hon'ble Court of Gujarat by aicc and several favorable orders were issued to police including: Judge Shri Anand S. Dave on 18.03.2009, Judge Shri M.D.Shah on 14.05.2009, Judge Shri Akil Qureshi on 10.02.2010. Judge Shri Anant S. Dave told the Assistant Public Prosecutor of Gujarat that either the Deputy Police Commissioner or the accused must go to jail. After this strict order and emphasis of the seriousness of the incident, police took action and Mr. Patel was arrested on 19.03.2010. He was sent to the Central Jail of Ahmedabad.

On 22.03.2010, Judge Shri Anant S. Dave disposed of writ petition on the basis of the statement of Assistant Public Prosecutor. Mr. Samson Christian, aicc Gujarat General Secretary, said, "In the case of this Catholic who was burnt alive, it was clear that during his treatment in the hospital, the assistant of the accused was trying to kill the victim and dissolve the evidence. The victim was scared and died.

The mother of the deceased filed a Special Criminal Application No. 761/2009 in the Hon'ble Gujarat High Court with the help of the All India Christian Council. We are happy that justice is coming, but worried about the police inaction and apparent negligence.

The Hon'ble Judge Shri M.D.Shah ruled on the case and ordered police to do the needful on 14.05.2009. "It appears that despite the court orders, the Assistant Commissioner of Police of Ahmedabad City Shri B.D. Sioni and Police Inspector Shri B.L. Chaudhary of Vatva Police Station received big financial help and saved the accused by minimizing the offence. They filed non-cognizable proceedings under section 506(1) of IPC in Second Crime Register No. 3065/08 in the Vatva Police Station. In such serious offence such as burning a person alive, the conduct and attitude of police seem to show bias.

Reluctantly, the AICC decided to file a Special Leave Petition in the Supreme Court against the communal attitude of police officers and accused for making the illustration in the society.”