‘POTA not applicable to Godhra-accused’

Himalayan News Service

Ahmedabad, May 21:

A central committee has reportedly suggested that the Prevention of Terrorism Act is not applicable to those accused in the Godhra train tragedy that sparked communal violence in Gujarat in 2002. The POTA review panel, constituted by the United Progressive Alliance government, had held two rounds of hearings in the city to review 14 cases under POTA in the state. A copy of its report was sent to the state government earlier this week. The government confirmed getting the copy. The committee recommended the complete withdrawal of POTA charges against the 134 accused in the Godhra case in which 59 passengers of the Sabarmati Express, including Hindu activists, were burnt to death on February 27, 2002, reports said.

The committee report has stated there was no ground for booking the Godhra accused under POTA because there was no evidence of a conspiracy. The committee, headed by Justice (retd) SC Jain and with SC Jayal and Hemendra Kumar as members, upheld applicability of the anti-terror act in at least four cases. It, however, recommended withdrawal of POTA provisions against 11 out of a total of 78 accused. The Gujarat government confirmed receiving the review committee report, but there was no official reaction to media reports on the non-applicability of POTA. “We will forward the recommendations of the report to special public prosecutors next week to be presented before the designated POTA court as per the directions of the Gujarat High Court,” Minister of State for Home Amit Shah told the media.

The final decision to uphold or revoke POTA charges against the accused lies with the POTA court.