The Supreme Court on Monday reserved its verdict on Gujarat Government's appeal challenging grant of bail to four accused in the Godhra train carnage case.
The state government has contended that as the Prevention of Terrorism Act had been invoked against the accused, the high court had no jurisdiction to entertain their bail pleas.
A bench comprising Justice S Rajendra Babu and Justice G P Mathur reserved their order on the appeal after hearing counsel for Gujarat Government Harish Salve and Sushil Kumar and counsel for the four accused Amarendra Sharan.
The appeal pertained to grant of bail to Salimbhai Abdulgaffar Shaikh, Mohd Hussein Abdul Rahim Kalota, Siraj Abdullah Jamsa and Mohd Abdul Sattar Giteli, who were arrested in connection with their alleged role in the burning of Sabarmati Express at Godhra on February 27 last year resulting in the death of 57 passengers.
The state argued the sessions court had rejected their bail plea even before invocation of POTA provisions and the high court entertained their bail petitions despite the prosecution contending that the bail pleas should go before the Special Court constituted to try POTA offences.
The counsel for the accused contended that all the cases were foisted on these leaders of the community on the basis of VHP leaders who have been ousted in a local corporation election.
Sharan further contended the high court rightly granted them bail as they have already been in prison for last one and half years by invoking its original jurisdiction, which had in no way been curtailed by the POTA provisions.
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