By TwoCircles.net staff reporter,
Mumbai: In a significant development in the Godhra train carnage case the special POTA court in Ahmedabad yesterday ordered the transfer of the case to the Godhra Sessions Court.
The special POTA judge Jyotsna Yagnik issued the order on a plea of the defence counsel Ilyas Khan on the basis of the recommendation by the Central POTA Review Committee (CPRC). The CPRC, appointed to review the POTA cases of Gujarat, had observed in its report last year that since there was no evidence of terror conspiracy in the Godhra train carnage, the accused should be tried under (Indian Panel Code) IPC instead of POTA.
Though the recommendation of CPRC was made binding on Gujarat HC and the state government by the Supreme Court last year, it could not be implemented so far due to a plea filed by Sardarji Maganji Waghela, a resident of Godhra, challenging the findings of the committee.
He moved the Gujarat High Court in this regard which dismissed on February 12 his petition for rejecting the CPRC observation but allowed him to approach SC against the verdict. He approached the apex court on February 24. The court accepted his petition for hearing on March 6.
The Supreme Court also yesterday refused to grant stay on the Gujarat HC verdict. Now, the trial will commence in the Godhra Sessions Court under the provisions of the IPC.
Notably, 134 persons were accused and subsequently charged under POTA in the train burning on February 27, 2002, at Godhra station in which 59 karsevaks were killed when fire caught S-6 coach of Sabarmati Express; an accident that triggered bloodiest ever anti-Muslims riots in Gujarat, leaving nearly two thousand people dead.
Presently there are 79 persons in Sabarmati Central Jail. Now they will be shifted to Godhra district jail and once the trial starts in the Sessions Court, they can move for the bail which was denied under POTA.