
A day after the Left claimed it had been assured by the Union Home Ministry that the Centre would take a strong stand against the Gujarat government for not dropping POTA charges against the 131 Godhra carnage accused despite the recommendation of the Central POTA Review Committee, the Ministry was in a bind: It held back a statement it had prepared on shifting the Gujarat riot cases.
The statement titled ‘Investigation and trial of Gujarat riots cases’ was prepared by Joint Secretary (Human Rights) A K Jain. Initially cleared by senior Ministry officials, it was never issued.
The statement read: ‘‘Government has no objection to transfer of trial of Gujarat riot cases outside Gujarat. It has also no objection to entrusting the investigation of Gujarat riots cases to the Central Bureau of Investigation.’’‘‘Suitable instructions have been issued by the Government to its lawyers in this regard. A number of petitions have been filed in the Supreme Court in the matter relating to the investigations and trial of offences committed during the Gujarat riots of 2002.’’
As per the statement, the Centre had ‘‘no objection to transfer of cases pending in the courts in Gujarat to courts outside Gujarat.’’
But this statement was never released. At the coordination meeting held on Sunday, the Home Ministry was said to have assured the Left that the Centre would send a ‘‘strong message’’ to the Gujarat government.
After the meeting, CPI(M)’s Sitaram Yechury told reporters that the Government had assured them that it would take all necessary steps, including moving the court to ensure that POTA charges against Godhra attack suspects be dropped as per recommendations of the POTA Review Committee.
The Gujarat government has refused to withdraw prosecution under POTA against 131 accused in the Godhra train carnage despite recommendations of the POTA Review Committee. Of the accused, 103 persons have been arrested while 29 are still absconding and two have died.
In its report, the POTA Review Committee had recommended that cases under the anti-terror law was not made out against the suspects and the IPC should be applied instead.
It said there was no prima facie case to invoke POTA charges against the accused and directed the public prosecutor to file an appropriate application to withdraw POTA charges against the accused without delay.




