"In its report to the Gujarat government and the union home ministry, the committee had unanimously stated that "there was no prima facie case against the accused and this is not a fit case for invoking POTA against the accused". SC drops terror charges against Godhra accused SETBACK FOR MODI: SC says recommendations of POTA review committee are binding on state govt  Indo-Asian News Service
New Delhi: The Supreme Court on Tuesday ordered to drop charges under Prevention of Terrorism Act (POTA) against 131 accused in the 2002 Godhra train incident in Gujarat.
A Bench of chief justice K G Balakrishnan, justice Dalveer Bhandari and justice R V Raveendran instead ordered the trial to resume under Indian Penal Code for offences like murder and arson.
POTA review committee, a panel appointed by the union government to review the desirability of slapping terror charges against the accused, had recommended dropping of such charges. The committee ruled that there was "no terrorist angle" in the burning of the train`s coach.
The Bench held that the recommendations of the review committee, formed under the now repealed Prevention of Terrorism Act (POTA), was biding on the state government.
At the same time, the Bench held that those aggrieved by the review committee`s decision, like the state government or the families of the Godhra train carnage victims, could challenge the review committee`s decision before the high court or the apex court itself.
The Supreme Court ruling came on a bunch of lawsuits by various Godhra train carnage accused challenging the state government`s decision to seek their trial under POTA despite the review committee`s recommendation to the contrary.
Soon after assuming power at the centre, the Congress-led United Progressive Alliance government had repealed POTA in September 2004 and had also formed a review panel to ascertain if various people across the country being tried under the anti-terror law were actually involved in terrorist activities.
In its report to the Gujarat government and the union home ministry, the committee had unanimously stated that "there was no prima facie case against the accused and this is not a fit case for invoking POTA against the accused". With Regards Abi  |
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