SC quashes UP Govt order on POTA on Raja Bhaiyya Thursday, November 10 2005 12:45 Hrs (IST) - World Time -
New Delhi:
The Supreme Court today (Nov 10, 2005) quashed the Uttar Pradesh Government order withdrawing POTA charges against controversial MLA Raghuraj Pratap Singh alias Raja Bhaiyya and his relatives.
The apex court also transferred the case to Madhya Pradesh saying the cases would continue under the relevant sections of POTA (Prevention of Terrorism Act), Explosives Substances Act and Arms Act.
The order was delivered by a Bench comprising Justice B N Aggarwal and Justice A K Mathur.
Raja Bhaiyya, who is a minister in the Mulayam Singh Government, has been directed to surrender within a week before a Kanpur designated court and apply for a fresh bail.
Along with Raja Bhaiyya, his father Uday Pratap Singh and a relative Akshay Pratap Singh alias Gopalji, who is an MLC in Uttar Pradesh, are other accused in the case. Police, during raid, had recovered arms and ammunition, including AK-56 rifles, carbine and other arms from their possession.
POTA was slapped against them in January 2003 by the then Mayawati Government in the state.
However, after Mulayam Singh Government came into power, POTA was withdrawn against the accused.
Petition challenging the withdrawal of POTA against them was filed by one S K Shukla.