The Hindu : National : POTA may not be applied against accused in Godhra train incident

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Sunday, May 22, 2005

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POTA may not be applied against accused in Godhra train incident

Manas Dasgupta

It was not a case of waging war, says review committee

GANDHINAGAR: The Central POTA Review Committee is learnt to have recommended the withdrawal of the application of the Prevention of Terrorism Act (POTA) in the case of the Godhra train incident, while confirming its use in the Akshardham attack.

The final report of the committee, which heard about dozen cases in which the Gujarat Government had applied POTA against the accused in the 2002 communal riots, was submitted to the State Government on Friday.

Minister of State for Home Amit Shah, while confirming the submission of the report, declined to disclose its contents. He said that according to the High Court's directives, the report would be sent to the special public prosecutor to be submitted to the special POTA court of Justice Sonia Gokani for final consideration.

The POTA review committee headed by Justice S.C. Jain, retired judge of the Allahabad High Court, saw no grounds to book the 130-odd accused in the Godhra train incident under POTA because it did not feel that the burning of the S6 coach of the Sabarmati Express at Godhra, in which 59 people were killed, was a "pre-planned conspiracy."

`Not an act against the nation'

The committee, it is learnt, concluded that the Godhra train incident was not a case of "waging war against the State." It believed the fire was a "fallout of the scuffle between some vendors and passengers of the S6 coach." Even if there was a "conspiracy, it was localised and could not be interpreted as an act against the nation," it said, recommending the withdrawal of the POTA against the all the accused. It suggested that the accused be tried under the Indian Penal Code and the Arms Act.

Of the 131 booked under POTA by the Special Investigating Team, two have since died, a dozen are out on bail and a dozen others are absconding, while at least 90 are behind the bars and a few have been released for lack of evidence.

Dr. Mukul Sinha, advocate for the Jan Sangharsha Manch which is representing the riot victims in the G.T. Nanavati and K.G. Shah judicial inquiry commission probing the Godhra carnage and the post-Godhra communal riots, is not very confident if the Modi Government would take the necessary steps for the POTA court's favourable decision.

Final decision

Under the Gujarat High Court's directive, a final decision on the recommendations of the review committee was left to the POTA court. The court was only required to examine the technicalities for the withdrawal of the POTA cases in accordance with Section 321 of the Criminal Procedure Code and the guidelines outlined by the Supreme Court in a previous case.

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