POTA review committee report by December 29

A two-judge bench of the Gujarat High Court on Monday admitted a writ petition challenging the conclusions of the recommendations of the Central POTA Review Committee...

A two-judge bench of the Gujarat High Court on Monday admitted a writ petition challenging the conclusions of the recommendations of the Central POTA Review Committee (CPRC), and issued notices to the Centre, the state government and the accused in the Godhra train carnage, to file replies by December 29.

Justices Bhagwati Prasad and B N Mehta issued the directions on a petition by Sardarbhai Maganbhai Vaghela, a relative of one of those killed in the train burning incident of February 26, 2002.

In his petition, Vaghela had contended that the findings of the CPRC be not made binding on the court and the investigating agencies because the committee’s report was not consistent with the evidence collected by the investigating agencies.

It may be recalled that in its recommendations in May 2005, the CPRC had categorically stated that the Godhra train accused should not be tried under POTA but under the provisions of the Indian Penal code, the Indian Railways Act, Prevention of Damages of Public Property Act, and the Bombay Police Act.

The CPRC report could not be implemented owing to this petition.