Gandhinagar: The Gujarat High Court will on Tuesday hear the plea of 79 accused in the Godhra train burning case, challenging a designated court's decision to consider the confession of the accused as evidence.
Earlier this month, a special court at the Sabarmati prison had turned down the accused' plea and started to consider the confession statements as evidence against them.
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Designated Judge P.R. Patel had observed that a decision whether to accept the statements as evidence can be considered at a later stage and the trial should continue.
The accused had, thereafter, approached the high court, challenging the decision.
During the hearing of the case in the high court on Monday, Ashok Shah, counsel for the petitioners, advanced the plea that section 32 of the Prevention of Terrorism Act (POTA) cannot be applied in this case as the act has been abolished and, therefore, it is now a normal trial.
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'According to section 32 of POTA, confessional statements of the accused could be considered as evidence in POTA trial. However, as POTA has been revoked, confessional statements cannot be used as evidence in a normal trial,' he argued.
After hearing Shah's arguments, Justice Anant Dave adjourned the matter till Tuesday.
A total of 59 people were burnt alive when the Sabarmati Express' coach numbers S-5 and S-6 were set afire at Godhra station Feb 27, 2002. According to public prosecutor J.M. Shah, 101 people were put on trial.
Police had arrested 116 of the 134 who were charged. Thirteen were released due to lack of evidence whereas 17 are still on the run. The minor accused have been kept at a juvenile observation home.
