A day after CBI counsel in the Haren Pandya case, J M Panchal, filed an application in the designated POTA court seeking withdrawal of charges against three accused in the case, he expressed his opinion against it on Tuesday.Terming his opinion as ‘independent and without being guided by the CBI or the Central Government or anyone else,’ Panchal told the court that POTA was rightly applied against the three persons. He also submitted that earlier during framing of charges against the accused, the designated court had held that prima facie POTA was made out against the accused. Panchal also said that he was compelled by a Gujarat High Court order to make an application praying for withdrawal of charges against the three accused, but independently he felt that POTA had been rightly applied. Taking objection to this ‘double stand,’ counsels of the three accused persons requested the court that they also be heard on the matter. Mukul Sinha, appearing for Mohammed Yusuf Maniyari, told the court: ‘‘As the opinion of public prosecutor Panchal adversely affected the rights of the accused, they also must be heard by the court and given time to file a reply to Panchal’s opinion.’’Allowing the request of the defence counsels, the designated court granted them time until Wednesday to file a written reply. Mukul Sinha said, ‘‘The public prosector’s opinion is personal and cannot be taken on record. We will oppose the same and tell the court that Panchal cannot take two stands at one time.”
