Ahmedabad, Aug 09: Gujarat High Court has reserved its verdict on a petition filed by 11 persons accused in the Godhra train burning case challenging the state government's decision to set up the designated trial court under Pota at Ahmedabad instead of the place where the incident took place. A single bench of the high court, comprising Justice R P Dholakia, said yesterday it will pronounce on Monday its verdict on the petition by which accused have also challenged the government decision to lodge the accused in Sabarmati Jail while in judicial custody. Advocate Krishnakant Vakharia, appearing on behalf of the petitioners, submitted that the state government was not empowered to "fix headquarter" of special Pota court at Ahmedabad instead of Godhra, where the incident had occurred and it was complete violation of the criminal procedure code.

However, additional advocate general Kamal Trivedi argued that Pota being a special law in itself, its provisions have overriding effect on any other law and that under Section 23(1)(4) of Pota, the state can designate a special court after obtaining the concurrence of chief justice of the high court.
On invoking of "non-removal of accused" from Sabarmati Jail, the additional advocate general argued there were several orders of the supreme court which say an "administrative" order need not be descriptive. Besides 67 accused were in jail and moving them to a communally sensitive area (where Pota court is located) had a great potential of inciting disturbances.

Bureau Report