HC had stayed transfer of Godhra carnage case for 2 more weeks allowing for plea to be filed

The case papers of the Sabarmati Express carnage may be transferred to the Godhra sessions court from the designated Prevention of Terrorism Act (Pota) court at any time. The Supreme Court on Tuesday refused to extend the stay on the order of the Gujarat high court on the transfer of the case.

Sardarji Maganji Waghela, who had lost his son in the incident, had filed an appeal against an order of the Gujarat high court, which had dismissed his petition challenging the decision of the Central Pota Review Committee to drop charges under the stringent anti-terror law against 134 people accused in the case. The matter will be heard by the Supreme Court on March 6.

A bench comprising chief justice KG Balakrishnan and P Sathasivam declined a plea for an urgent hearing on the matter, saying it will be heard in routine course as the date had been fixed by the registry.

Though the high court had not interfered with the findings of the Central Pota Review Committee, it had allowed Waghela to approach the apex court within two weeks of its verdict, by extending the stay on all proceedings in the case. The transfer of the case from the designated Pota court to the Godhra sessions court had also been stayed.

Last October, the Supreme Court had held that the recommendation of the Central Pota Review Committee to drop the charges under the repealed law would be binding on the government and the designated court.

DNA Correspondent/ DNA-Daily News & Analysis Source: 3D Syndication