SC caught Centre’s doublespeak on Pota

Centre Shifted Stand, Backed Plea Of Accused Under The Act

The Supreme Court has caught the UPA government’s double speak on the binding nature of the recommendations given by POTA Review Committees on designated trial courts.

The Centre may have rejoiced at the vindication of its stand in Tuesday’s Supreme Court ruling that the committee’s recommendation for dropping POTA charges against all accused in Godhra train burning case was binding on the designated trial court, but it said something different before the Gujarat High Court in the same case.

In paragraph 19 of the judgment authored by Chief Justice K G Balakrishnan, writing for himself and Justice R V Raveendran, the judges said: “In so far as Union of India is concerned, we find that there is a slight shift from the stand taken before the high court.”

In the high court, the Centre had argued that the power of the review committee was subject to section 321 of the Criminal Procedure Code, under which it was for the public prosecutor alone to withdraw charges against an accused with the permission of the concerned government.

Justice Balakrishnan said the Centre’s stand was accepted by the HC, which said: “We are inclined to agree with the additional solicitor general that the impugned provision should be read in conjunction with the code and the same do not, in any manner, encraoch upon the judicial power of the state and that the opinion formed by the review committee on the prima facie nature of the case under POTA has to be given due weightage by the special court and accepted unless there are exceptional reasons for not doing so.” Without challenging the HC decision in the Supreme Court as was done by the Godhra case accused, the Centre shifted its stand and in principle supported the stand of the POTA accused that once the review committee recommended dropping of anti-terror law charges, it amounted to deemed withdrawal. The trial court was bound by it and the public prosecutor had no role, it had said.

Cong to Nanavati: Don’t release 2nd Godhra report:

Congress urged Justice G T Nanavati not to come out with a second report on the post-Godhra Gujarat riots in view of the SC verdict on Pota. Party spokesman Manish Tiwari said after the highest judiciary ruled out trial of the accused in the Godhra train burning case under Pota there was no reason for the panel to go ahead with its inquiry.

Source:- The Times of India 23 Oct. 08 P. 19 New Delhi
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