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Journalism of Courage
While the Surat police is patting its back for booking under POTA those involved in the May 21 attack on advocate Hasmukh Lalwala, the Gujarat government is yet to accord sanction to the police in invoking the law against the accused. Lalwala, also a local VHP and RSS activist, had been shot at by two motorcycle-borne persons in Athwalines area while on his way to the court. He, however, survived the attack.
Documents available with The Indian Express reveal that though Surat police on June 16 had invoked POTA, it continued to make applications before a local court for the next two months despite a special POTA court having been constituted on June 27. This blunder led to the release of two of the accused on ‘‘default bail’’ on September 25 as the chargesheet had not been filed before the special POTA court within the stipulated 90 days.
Documents suggest it was only on August 19 that the Surat police realised a notification appointing a special POTA court had been issued. It then applied before the Special Judge, Surat, requesting it to pass necessary orders as it had till now presented the case to it and not to the special POTA court.
Special POTA Judge Sonia G. Gokani had on September 25 held that accused — Mohammed Ashraf Ismail Nagori and Mohammad Tahir Mohammad Arif Bakaswala —were eligible to be released under provisions of the law as a chargesheet had not been filed during the stipulated period.
On Thursday, the prosecution was to ‘‘open’’ the case before the special court under Section 226 of the CrPC for stating the evidence against the accused and how it proposes to prove the accused guilty. However, the prosecution sought adjournment on the ground that necessary sanction had not been received from the state government and also, one of the accused — Ishaq Noormohammad Makrani — had been hospitalised.
Asked about the delay in according government sanction under POTA, Home Secretary K. Nityanadam said: ‘‘I’m not aware of the details of the case. But logically speaking, when the persons are already found accused under POTA, it doesn’t make much difference as they have been found to have committed the offence under the Act.’’
