|
1. The POTA Repeal Act, 2004 inter alia provides in terms of its section 2(3) that when the Review Committee constituted by the Central Government is of the opinion that there is no prima facie ground for proceeding against the accused in a particular case under POTA, that case shall be deemed to have been withdrawn even if it has been taken cognizance of by the Court.
2. In terms of the above provision, the Justice Jain POTA Review Committee reviewed the case bearing FIR No. 09/02 Godhra Railway Police Station in terms of the POTA Repeal Act, 2004 and decided on 16.5.2005 as under:-
‘After appreciating the evidence made available to us and considering the respective arguments of the learned counsel of the accused persons and the learned Special Public Prosecutor, this Committee is of the considered view that this incident had taken place on the date, time and place as alleged by the prosecution but certainly not as a part of conspiracy envisaged under the provisions of POTA. This Committee, therefore, is of the view that the accused persons may be tried under the provisions of IPC, Indian Railways Act, Prevention of Damages of Public Property Act, Bombay Police Act etc., but not under the provisions of Prevention of Terrorism Act,(POTA) 2002.’
3. The POTA Review Committee further directed that the concerned Public Prosecutor shall file the appropriate application under section 321 of CrPC without any delay and place before the Special POTA Court the opinion of the Review Committee together with other relevant records for passing appropriate order as per the directions given by the Gujarat High Court in Special Civil Application(SCA) Nos 1103/2005 and 1105/2005.
4. These two SCAs were filed by certain affected persons in the Gujarat High Court challenging the constitutional validity of sub sections 3 & 5 of section 2 of the POTA Repeal Act, 2004. In its interim order dated 29.1.2005, the Gujarat High Court stayed the implementation of these provisions which was got vacated through an SLP filed by the Ministry of Home Affairs in the Supreme Court. The Ministry of Home Affairs then filed counter affidavits in the SCAs in the Gujarat High Court and the cases were argued in the High Court by the Additional Solicitor General. Finally, the Gujarat High Court in its order dated 13.4.2005 dismissed the two SCAs and directed as under :-
i) ‘The Review Committee constituted by Notification dated 4.11.2004 shall forward its opinion to the Public Prosecutor appointed under section 28 of the 2002 Act for being placed before the Special Court;
ii) The Public Prosecutor concerned shall then file appropriate application(s) under Section 321 of the Code without any delay and place before the Special Court the opinion of the Review Committee together with other relevant records for passing appropriate order.’
5. Following these directions of the Gujarat High Court, the POTA Review Committee sent a copy of its opinion in the Godhra Railway Police Station case to the Principal Home Secretary, Govt. of Gujarat, on 17.5. 2005 with a request that a copy of the opinion be also forwarded to the Public Prosecutor in compliance with the directions given by the Gujarat High Court in the aforesaid SCAs.
6. The Special Public Prosecutor has accordingly placed the opinion of the POTA Review Committee before the POTA Special Court. The matter is now before the Special Court for further appropriate action.
Ministry of Home Affairs, North Block
-----------------------------------------------------------------------------------------
PIB, New Delhi, Dated: Jyaistha 31, 1927/June 21, 2005
OK/AD/MM
|
