AHMEDABAD: The Gujarat High Court has scheduled the hearing of a petition, moved by the family of Mullah Hussain Umarji challenging his arrest under Prevention of Terrorist Activities Act (Pota) by the state government in connection with the Godhra case, for Wednesday. The matter had come up before Justice D H Waghela for hearing on Monday.
Additional advocate general Kamal Trivedi appeared on behalf of the state government, while advocate Hashim Qureshi appeared for the petitioners.
The petitioners submitted that till this date no material has been found which can attract the imposition of Pota on the petitioner. The petition also challenges the action on the part of the respondents invoking Pota in the Godhra case. Alleging a bias on the part of the government. The petitioners pointed out that the state government applied Pota a year after the incident, and that too without any cogent material or facts. Therefore, the invocation of the Act amounted to harassment and with an ulterior motive. The petitioners alleged that the involvement of Umarji was politically motivated and was based only on the confession of Jabir Bin Yamin Behra.
Sabera, wife of Hussain Umarji, and three others moved a special criminal application (SCA) against the secretary of the ministry of home affairs of Gujarat and the inspector general of police.