*SC drops terror charges against Godhra accused*
21/10/2008
http://www.news24online.com/ViewDetails.aspx?NewsID=11490
*Indo-Asian News Service*

**New Delhi: The Supreme Court on Tuesday ordered to drop charges under
Prevention of Terrorism Act (POTA) against 131 accused in the 2002 Godhra
train incident in Gujarat.

A Bench of chief justice K G Balakrishnan, justice Dalveer Bhandari and
justice R V Raveendran instead ordered the trial to resume under Indian
Penal Code for offences like murder and arson.

POTA review committee, a panel appointed by the union government to review
the desirability of slapping terror charges against the accused, had
recommended dropping of such charges. The committee ruled that there was "no
terrorist angle" in the burning of the train`s coach.

The Bench held that the recommendations of the review committee, formed
under the now repealed Prevention of Terrorism Act (POTA), was biding on the
state government.

At the same time, the Bench held that those aggrieved by the review
committee`s decision, like the state government or the families of the
Godhra train carnage victims, could challenge the review committee`s
decision before the high court or the apex court itself.

The Supreme Court ruling came on a bunch of lawsuits by various Godhra train
carnage accused challenging the state government`s decision to seek their
trial under POTA despite the review committee`s recommendation to the
contrary.

Soon after assuming power at the centre, the Congress-led United Progressive
Alliance<http://www.news24online.com/SearchDetails.aspx?Keyword=United%20Progressive%20Alliance>government
had repealed POTA in September 2004 and had also formed a review
panel to ascertain if various people across the country being tried under
the anti-terror law were actually involved in terrorist activities.

In its report to the Gujarat government and the union home ministry, the
committee had unanimously stated that "there was no prima facie case against
the accused and this is not a fit case for invoking POTA against the
accused".

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