New Delhi:
The Supreme Court today (July 29, 2004) dismissed a petition filed by Maulavi Hussein Haji Abraham Umarji, one of the accused in the Godhra train burning case, seeking quashing of his continued detention under POTA (Prevention of Terrorism Act).
A Bench comprising Justice S N Variava and Justice Arijit Pasayat dismissed Umarji's petition challenging his detention under POTA terming it as "devoid of any merit."
On February 27, 2002, Sabarmati Express was torched by miscreants near Godhra railway station resulting in the death of 59 passengers. This had sparked off statewide riots.
Umarji had challenged an order of the Gujarat High Court which held that it was permissible for a court to remand an accused from judicial to police custody even after the statutory minimum period of 30 days as set out in Section (4992) of POTA.
The petitioner had claimed this order would open the door not only for the petitioner, but also for all other accused under POTA to be remanded from judicial custody to police custody in breach of the statutory provisions.