The Hindu : National : Decision on application of POTA in Godhra case postponed

Online edition of India's National Newspaper
Wednesday, Jun 29, 2005

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National

Decision on application of POTA in Godhra case postponed

Special Correspondent

AHMEDABAD: A decision on the application of the Prevention of Terrorism Act (POTA) against the accused in the Godhra train carnage has been postponed till July 1.

The designated POTA court judge, Sonia Gokani, decided to postpone a final decision after the advocate for some of the accused, Mukul Sinha, informed the court that the "clarification application" filed before a division bench of the Gujarat High Court was yet to be taken up for hearing. The application was now scheduled to come up before the division bench on June 30.

The "clarification application" was filed on the High Court's order for submission of the recommendations of the Central POTA Review Committee (CPRC) before the designated court for a final decision on its application.

A clarification had been sought whether the prosecution had any right to give an independent opinion against the recommendation of the CPRC.

The CPRC had recommended withdrawal of POTA against all the accused in the train carnage but the State Government had opposed the move and filed a petition before the designated court that it was a "pre-planned conspiracy" and a fit case for the application of POTA.

The advocates of the accused had claimed that under the High Court order, the prosecution was obliged to accept the recommendation of the CPRC and was only required to file an application before the court to withdraw the POTA.

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