SC dismisses bail plea of two accused arrested under POTA

New Delhi, July 18 (UNI) The Supreme Court has dismissed the bail petition of Maulana Naseeruddin and Mohammed Haneefuddin arrested under POTA for instigating youth to settle scores for 2002 Gujarat riots.

According to the allegations, a conspiracy was hatched by Mufti Sufiyan and Rasul Khan and party at Ahmedabad and Hyderabad to murder leaders of the majority community for which arms training was imparted in Pakistan.

A chargesheet was filed in POTA court on September 10, 2003.

Thirty nine accused were shown arrested while 43 were shown as absconding.

The statements of 43 witnesses were recorded.

The bail application of the appellants were rejected both by POTA Special Court as well as by Gujarat High Court.

According to the prosecution, Maulana Naseeruddin used to instigate youth belonging to a particular community to take up arms against the leaders of the majority community.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta dismissed the appeal of the appellants challenging the High Court judgement and noted, ''it is no doubt true that there is no time statutorily fixed during which the confessional statement if any can be retracted but it has to be done within a reasonable time.

Considering the various factual aspects highlighted by the trial court and the High Court, we do not think it to be a fit case where bail can be granted to the appellants.

Order of the learned Special Court POTA as affirmed by the High Court cannot be faulted and no interference is called for.

Accordingly the appeal is dismissed.

However, it would be in the interest of all concerned if the trial is completed expedititously.'' UNI