Date:12/08/2003 URL: http://www.thehindu.com/2003/08/12/stories/2003081202991300.htm

National

SC to take up Gujarat SLP on Godhra accused

By Our Legal Correspondent

NEW DELHI Aug. 11. The Supreme Court will take up for final disposal the special leave petition filed by the Gujarat Government against a High Court order granting bail to the four Godhra train carnage accused, though that order had been suspended.

A Bench, comprising Justice S. Rajendra Babu and Justice G.P. Mathur, posted the SLP for final disposal two weeks later, after counsel for the four accused alleged that provisions of the Prevention of Terrorism Ordinance were invoked on them though the law was not applicable on the day of the arrest on February 27, 2002.

The Bench said the interim order passed on July 29 (that the High Court order suspending its own order of July 4 granting bail) would continue till then.

Counsel submitted that the accused, Salimbhai Abdulgaffar Shaikh, Mohd. Hussein Abdulrahim Kalota, Siraj Abdullah Jamsa and Mohd. Abdul Sattar Giteli, were all arrested on February 27 last year, the day the Sabarmati Express was set on fire by miscreants, killing scores of people.

He said that on that day POTA was not applicable to Gujarat and the law was made applicable to the State by a notification issued the following day. On March 3, 2002 a memo was sent to the trial court to include the provisions of the terrorism law against the accused. Contending that the law could not have a retrospective effect, he prayed for releasing the four accused on bail.

The Bench, however, said that it required a detailed examination and directed listing of the appeal for final disposal after two weeks.