NEW DELHI: Charges under Prevention of Terrorism Act (POTA), against the 134 accused in 2002 Godhra train burning incident in Gujarat were dropped yesterday by a Supreme Court bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice Dalveer Bhandari.
In a landmark move, the apex court ruled that POTA had been wrongly applied against the Godhra accused and findings of POTA review committee are binding on the state government and the trial court. Appointed by the central government, the POTA review committee had recommended dropping of charges under the act and those arrested for their alleged involvement in train burning incident, in which 59 Hindu pilgrims were burned alive. The incident had led to communal riots across Gujarat, with Muslims being the main victims.
Headed by Chief Minister Narendra Modi, as the Gujarat government had so far shown no intention of dropping POTA charges against the Godhra accused, the apex court’s decision spells a big blow for him and his party (Bharatiya Janata Party).
The Supreme Court took this decision after taking note of recommendations of the POTA review committee and allowing petitions filed by Mahmadhusen Abdulrahim Kalota Sheikh and others. The petitioners, in jail since 2002 without trial, had come to Supreme Court against Gujarat High Court judgment dismissing their petition for quashing POTA charges.
The trial against the accused can be resumed under the provision of Indian Penal Code (IPC), the bench said. Of the 134 accused for Godhra incident, 83 — all Muslims— are still in jail. With POTA charges dropped against them, they can now get bail.
