Monday, June 13 2005 14:43 Hrs (IST) - World Time -

Ahmedabad: The Defence counsel today (Jun 13, 2005) urged the special Prevention of Terrorism Act (POTA) court to reject the application filed by the Government to proceed against all the accused in the Godhra train carnage case instead of trying them under Indian Penal Code and Arms Act.

The defence asked the designated POTA court to reject the reply filed by the Gujarat Government wherein the Government had asked the court "to proceed against all the accused" as "there is a prima facie case under POTA."

The application was filed before the special POTA court Judge Sonia Gokani by defence counsel Mukul Sinha, representing the accused in the Godhra train carnage case.

This application was filed against the observations made by public prosecutor, who on June 10 filed a reply refusing to agree with the recommendations of the Central POTA Review Committee, which had directed the State Government to drop the anti-terrorism charges against all the 131 accused and instead try them under IPC and Arms Act.

Sinha today told POTA court that the public prosecutor has filed an application to "differ and discard the CPRC (recommendations of the Central POTA Review Committee) report and consequently continue with the prosecution of the accused under POTA."

Asking the court to completely reject the reply of Gujarat Government, advocate Sinha stated that the reply filed by the public prosecutor is "not maintainable."

"The POTA court has no authority or jurisdiction under the POTA (Repeal) Act or under any provision of CrPC to entertain any such application filed by public prosecutor."

"The court also does not have any appellate or revisional jurisdiction over the decision of the Review Committee," Sinha added.

Gujarat Government is expected to file a reply to Sinha's application on June 15.

In Godhra train carnage case, the State Government is sticking to its earlier stand where it had described the burning of Sabarmati Express on February 27, 2002 as "conspiracy" against the nation.

Quite contrary to the Government's stand in the matter, the Central POTA Review Committee had described the train carnage, as a "fallout of a scuffle between vendors (on Godhra railway station) and passengers on S-6 coach" and was not a conspiracy as stated by the Gujarat Government.