Accused challenges prosecution under POTA

Mumbai, June 22 (UNI) A twin blast accused, Ashrat Shafiq Ansari, today challenged his prosecution under POTA (Prevention of Terrorist Act) on the grounds that when the law was enacted in Oct 2001, it was contemplated that it would be in force only for a period of three years from the date of its promulgation.

Presiding Additional Sessions Court Judge S S Joshi adjourned the matter and directed the prosecution to file their written reply on Monday.

Advocate Sushan Kunjuraman, while representing accused Ashrat Shafiq Ansari, stated in a petition that under section 1 (6) of POTA it is envisaged that the Act would remain in force only for a period of three-years. This implies that since it was promulgated in Oct 2001 it expired in Oct 2004.

Further, citing a Supreme Court Judgement on Vijay Kumar Baldev Mishra Vs the State of Maharashtra, defence Counsel Kunjuraman argued that the judgement even held the enactment of TADA as unconstitutional as it violate article 14 of the Constitution of India. The judgement further says that all prosecution or investigation under this law ought to be quashed, he claimed.

Therefore, even the present prosecution is liable to be quashed and set aside on the basis of this Apex Court judgement, advocate Kunjuraman argued.

It may be recollected here that the accused Ansari is facing prosecution under POTA for his alleged involvement in the twin blasts at Gateway of India and Zaveri Bazar, which had claimed more than 50 lives and left several others injured on August 25, 2003.

UNI