Terror angle in Akshardham, not Godhra: POTA panel

‘‘well-planned conspiracy’’—and the Union Home Ministry, the committee has said that ‘‘there was no prima facie case against the accused and this is not a fit case for invoking POTA against the accused.’’

Talking to The Sunday Express from New Delhi about the decision to give the 131 accused a clean chit under POTA, committee chairman Justice (retd) S C Jain said, ‘‘Our brief entailed that we find if POTA, the anti-terror law, was applicable against the accused in the case. The committee has found that there was no conspiracy and the attack on S-6 coach of the Sabarmati Express does not fall within the meaning of terrorist act.’’

‘‘Conspiracy was there but it was localised and does not fall within the definition of Section 3(1) of POTA,’’ Justice Jain said.

“In the Akshardham case, we have upheld applicability of POTA against all accused,’’ said Justice Jain. ‘‘There is prima facie case that there was a conspiracy which was hatched outside the country and POTA is applicable.”

POTA was applied in the Godhra case after the arrest of Maulana Hussan Umarji, who the special investigating team probing the case, identified as the ‘‘mastermind’’ behind the carnage.

According to POTA, a terrorist act strikes at the unity, integrity, security or sovereignty of India by using bombs, explosive substances, firearms or poison or noxious gas and causes death or loss of property.

The committee, in its 30-page order, has said that the incident started on the platform and ‘‘it was a mob that set the coach ablaze’’.

‘‘While coming to our conclusion, we have gone strictly by the version and evidence of Special Investigating Team probing the incident,’’ said Justice Jain.

Even though the review committee has recommended dropping of charges, it has not passed any strictures against the investigating agency ‘‘as our job was strictly to see whether in given instances POTA is made out or not,’’ he said.

The review committee has also sent copies of its order to the accused.

Now, the public prosecutor in the case will pass on the opinion of the review committee to the designate court and move an application for withdrawal of POTA provisions against the accused. “It will be now be for the designated judge whether to accept the recommendation or not,” said a member of the committee.

An advocate for the accused, who did not want to be named said, “This is shocking news from the government, more so in light of the fact that the Gujarat High Court has made the recommendations of the review committee binding.” Public prosecutor H M Dhruv said he was yet to receive the report from the government.

However, the order of Gujarat HC which upheld the constitutionality of the review committee and asked the designated court to look into its recommendations in light of the R M Tiwari and Saheen Welfare case, has been challenged in Supreme Court.