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Gujarat
Special Correspondent
AHMEDABAD: In a significant judgment, a division bench of the Gujarat High Court on Wednesday rejected a writ petition challenging the authority of the Central POTA review committee to review the cases filed before the designated POTA court in the State. Rejecting the petition, the division bench of Justice G.S. Singhvi and Justice Anant Dave, also upheld the authority of the designated court to try the cases filed under the now-defunct Prevention of Terrorism Act (POTA). The division bench has ordered that all the reports of the findings of the review committee would have to be submitted to the special public prosecutor of the POTA court who in turn would present the reports before the designated court for final decision. The petition was filed by Anusuiya Jadav and Gurmeet Singh Bagga, relatives of the victims of the Godhra train carnage, who pleaded that the High Court stop the review committee from functioning and review the cases. The petitioners said the committee should be quashed on the ground that it could override the authority of the designated court.
Earlier stay
On the basis of the petition, a single judge bench of the High Court had in February, this year, granted a stay following which the review committee had to cancel its visit and return without reviewing the cases. The petition was later contested by some accused under the POTA who wanted the committee to review the application of the act in their cases. The High Court later withdrew the stay and allowed the committee to go ahead with the review of the cases pending the disposal of the petition. Accordingly, the review committee visited the State twice this month and reviewed 20 cases pending before the POTA court but had reserved its decisions on the cases. The High Court's order would regularise the work of the review committee but it would not be allowed to drop the application of the act against any accused or decide on any of the cases till a final decision of the POTA court.
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