The Gujarat High Court’s recent ruling that the repealed Prevention of Terrorism Act (POTA) cannot be slapped on those arrested in connection with the Godhra train carnage of 2002, might just spawn another legal battle.

Experts say it might so happen that policemen, who had slapped POTA charges on the 134 accused, may have to defend themselves.

Built into the ‘notoriously’ stringent Act are equally strong provisions to deter its misuse.

Section 58 (1) of the Act calls for punishing, with imprisonment up to two years, any police officer or government authority found to have misused POTA.

Legal experts say proceedings under this section can now be initiated against at least three policemen, who were directly involved in the preliminary investigations in the incident.

They were: SP (Western Railway), Noel Parmar; DIG (Gandhinagar range), J K Bhatt; and the incumbent Commissioner of Vadodara police, Rakesh Asthana. While Parmar was Deputy Superintendent of Police (Western Railway) in 2002, Bhatt and Asthana were SP (Western Railway) and DIG of Vadodara range respectively.

Section 58 (2) of the Act says the same officer or authority, who had invoked POTA on an accused, will be made to pay compensation to the latter if the court is of the opinion that the accused has been maliciously proceeded against under the Act.

Gujarat Director General of Police S S Khandwawala told The Indian Express that his office is yet to receive a copy of the court order. “We will have to study the court order and the POTA Act carefully. All necessary action will be taken if the police or authorities are found to have invoked POTA maliciously,” he added.