SC refuses to stay Guj HC verdict on non-applicability of POTA in Godhra train carnage

By Abdul Hameed, TwoCircles.net

Mumbai: The Supreme Court on Tuesday denied staying a Gujarat High Court order which supports the recommendation of Central POTA Review Committee (CPRC) that POTA charges leveled against the accused of Godhra train carnage should be dropped.


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On February 27, 2002, 59 karsevaks were killed in a fire that caught S-6 coach of Sabarmati Express at Godhra station, triggering Gujarat-wide anti-Muslim riots claiming nearly 2000 lives.

In all, 116 persons were arrested and 18 declared absconders out of the 134 accused in the case. Presently 81 accused are in jail because 13 were released due to lack of evidence prior to be charge-sheeted, 19 were granted bail and three others died in judicial custody.

Noticeably, all accused are Muslims charged under POTA. The CPRC, appointed to review the Gujarat POTA cases, while holding the accused were wrongly charged under POTA had recommended their trial under ordinary law.

Last month the High Court absolved all accused of POTA charges.

Sardarji Maganji Waghela, a resident of Godhra, who lost his son in the carnage, had moved the High Court challenging the decision of CPRC. The HC while dismissing his petition on February 12 allowed the petitioner to approach the SC within two weeks against its verdict.

Senior counsel L Nageshwar Rao mentioned his petition before a bench in SC, which agreed to hear it on March 6.

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