Special POTA judge Jyotsna Yagnik on Friday ordered the transfer of the Godhra train carnage case to the Godhra Sessions Court with immediate effect. She also directed the state Government to shift all the 79 accused in the case from the Sabarmati Central jail to the Godhra district jail,revoking orders under Section 268 of the CrPC that prevented the shifting of the accused persons.
The trial will now commence in the sessions court under provisions of the Indian Penal code. Once the trial starts,the accused can apply for bail that was denied to them under the POTA. Representing the accused,advocate Ilyas Khan said all the records and proceedings of the case will now be transferred to Godhra for initiating the trial.
Earlier in the day,the Supreme Court refused to grant stay on the Gujarat High Court judgment repealing POTA against the Godhra accused and ordered that the Special POTA court in Ahmedabad must implement apex courts order of December 1,2008,upholding the constitutional validity of the Central POTA Review Committee (CPRC). The CPRC,in its recommendations,had observed that POTA did not apply to the Godhra accused,as there was no evidence of terror conspiracy. It recommended trial of the accused under the Indian Penal code. The recommendations were made binding on the court and the state Government.
The high court in its order on February 12 had observed that there was no evidence to suggest that the accused had entered into a conspiracy. The Bench had ordered shifting of the case from POTA court to the trial court.