Tuesday, June 21 2005 16:50 Hrs (IST) - World Time -

New Delhi: The Special Public Prosecutor has placed the "opinion" of the Prevention of Terrorism Act (POTA) review committee before the special court saying no case was made against any of the accused under POTA in the burning down of railway compartment at Godhra in 2002.

After hearing the sides and the "evidence made available to us, this committee is of the considered view that this incident had taken place on the date, time and place, as alleged by the prosecution but certainly not as a part of conspiracy envisaged under the provisions of POTA," the Jain POTA Review Committee said in its opinion.

"This Committee, therefore, is of the view that the accused persons may be tried under the provisions of Indian Penal Code, Indian Railways Act, Prevention of Damages of Public Property Act, Bombay Police Act but not under the provisions of Prevention of Terrorism Act, 2002," the committee headed by Justice (retd) S P Jain had said.

"The Special Public Prosecutor has accordingly placed the opinion of the POTA Review Committee before the POTA Special Court. The matter is now before the Special Court for further appropriate action," an official spokesman said in New Delhi today (Jun 21, 2005).

However, some persons had filed a Special Civil Applications before the Gujarat Government challenging the constitutional validity under sub section three and five of section two of the POTA Repeal Act, 2004 that confers unbridled powers in favour of the review committee by granting primacy to its opinion over the view of the courts constituted under CrPc.