NEW DELHI: In a relief to a large number of Pota case accused in Gujarat, the Supreme Court on Monday lifted the stay imposed by the Gujarat High Court on the functioning of the Pota review committee but asked it reserve its final orders till the HC decided some petitions challenging the legality of the Central committee.
Justice S C Jain heads the Central Pota review committee which is empowered to recommend withdrawal of cases where Pota was wrongly invoked.
On January 29, the HC had stayed the functioning of the committee while admitting two petitions filed by separate parties affected by the Godhra train carnage and the Akshardham temple terrorist attack cases.
The petitioners had challenged Section 2 (3-5) of the Pota Repeal Act, 2004, saying it conferred unbridled powers in favour of the committee by granting primacy to its opinion over the view of the courts.
One Saiyed Amiruddin Alimuddin, who is lodged in Sabaramati central jail on the charge of being an accomplice of associates of Dawood Ibrahim and Chota Shakeel in a conspiracy to kill a Gujarat minister and BJP leader, had challenged the HC order.