HC order on Godhra a setback for Guj govt

The high court order has, in effect, rejected the conspiracy theory of the state government’s investigating team which had imposed the Prevention of Terrorism Act (Pota) in the Godhra cases though it had, initially, conducted its investigations under sections of the Indian Penal Code.

Experts of the political scene said the state government could get trapped in its own net because the highest judiciary in the state had upheld the opinion of the Central Pota Review Committee (CPRC) regarding the use of Pota for Godhra cases. CPRC was formed after the Congress-led UPA government at the Centre had passed the Pota (repeal) Act (2004).

The petitioner had challenged the opinion of the committee on various grounds. They had contended during the hearing that the CPRC had stepped out of its jurisdiction in scrutinising the cases. It hadn’t mentioned the details which were revealed during the investigation of the case, the petitioner had argued.

The petitioner had further said that the CPRC did not have the power to evaluate evidence and documents collected by the investigating agency. Moreover, during the hearing of the bail applications of the accused, the high court itself had, prima facie, made observations in favour of Pota.