New Delhi: The Supreme Court on September 8 set aside a Gujarat High Court order granting bail to four accused in the Godhra train carnage case and directed them to move the designated Prevention of Terrorism Act (POTA) court for the relief.

Allowing an appeal filed by the state government, a Bench comprising Justice S Rajendra Babu and Justice G P Mathur said the single judge of the high court should not have entertained the petition filed by the four accused as POTA had been invoked against them.

Once the POTA court gives a verdict on their bail petitions, they were free to approach the high court, the court said.

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

The state had 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.

PTI