By IANS
New Delhi : The Supreme Court Tuesday began examining whether a provision of the now-repealed Prevention of Terrorism Act (POTA) binds courts with the recommendations of a committee constituted to review cases filed under the anti-terror law.
After partly hearing the arguments by senior counsel Collin Gonsalves, a three-judge bench headed by Chief Justice K.G. Balakrishnan adjourned the matter for further hearing Feb 19.
The bench, which also included Justices R.V. Raveendran and Dalveer Bhandari, began examining the legal issue while hearing an appeal against a Gujarat High Court verdict that had held that the powers granted to the Central POTA Review Committee were politically motivated.
The high court had held that decisions taken by the review committee were of administrative nature and could supplant the working of the judicial system.
The matter was referred to the Chief Justice by a division bench last February on the ground that it involved important legal issues.
The division bench had also given liberty to the 90 accused of the 2002 Godhra train fire tragedy to apply for bail.
The Central POTA Review Committee has held that terror offences could not be made out against the accused under the repealed anti-terror law.
Opening the arguments, senior advocate Colin Gonsalves submitted that all the accused have been in jail for more than five years and the apex court has stayed the trial of the case.
The accused have sought bail contending that since the review committee has given its finding that they cannot be prosecuted under POTA, they were entitled to be released.