New Delhi: The Supreme Court on September 1 reserved its verdict on a Gujarat government appeal challenging grant of bail to four accused in the Godhra train carnage case on the ground that as Prevention of Terrorism Act (POTA) had been invoked against them, the High Court had no jurisdiction to entertain their bail pleas.

A Bench comprising Justice S Rajendra Babu and Justice G P Mathur reserved their order on the appeal after hearing counsel for Gujarat government Harish Salve and Sushil Kumar and counsel for the four accused Amarendra Sharan.

The appeal pertained to grant of bail to Salimbhai Abdulgaffar Shaikh, Mohammad Hussein Abdulrahim Kalota, Siraj Abdulla Jamsa and Mohammad Abdul Sattar Giteli, who were arrested in connection with their alleged role in the burning of Sabarmati Express at Godhra on February 27 in 2002 resulting in the death of 57 passengers.

The state argued that the sessions court had rejected their bail plea even before invocation of POTA provisions and the High Court entertained their bail petitions despite the prosecution contending that the bail pleas should go before the Special Court constituted to try POTA offences.

The counsel for the accused contended that all the cases were foisted on these leaders of the community on the basis of Vishwa Hindu Parishad (VHP) leaders who have been ousted in a local corporation election.

Sharan further contended that the High Court rightly granted them bail as they have already been in prison for last one and half years by invoking its original jurisdiction, which had in no way been curtailed by the POTA provisions.

PTI