The Gujarat High Court on February 12 ruled that the fire incident in Sabarmati Express in Godhra was not an act of terror and hence POTA was not applicable to the case. The state government appointed special investigating team (SIT) had applied Pota after 59 persons were killed when S-6 coach of the train was set ablaze on February 27, 2002, sparking off Gujarat-wide riots. The news would come as relief for 79 undertrials who have been suffering behind the bars ever since.
A division bench of the High Court upheld the Pota Review Committee’s conclusion that the Godhra train fire was not a result of terror conspiracy. Now, the accused will be tried under IPC where bail would be easier. “Our priority now is transfer of proceedings to Godhra sessions court and moving bail plea for prisoners who are in jail for quite a long time,’’ said advocate Ilyaskhan Pathan, amicus curiae appointed by the Pota court.
The High Court dismissed the petition by Sardarji Waghela, a relative of a Godhra victim. The court also pulled up the state government for relying heavily on confessions by an accused, Jabir Binyamin Behera, to build a terror angle without any other supporting evidence.