Last year, the Supreme Court gave a ruling that POTA review committee's order was binding on lower court. Subsequently, both were acquitted by a special POTA court.

"The Supreme Court had only said that the lower court had to follow the committee's order. It had allowed the state to file appeal against the same in higher court," said Jayesh Yagnik, Additional Public Prosecutor.

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A division bench of Justices Bilal Nazki and Anup Mohta on Friday asked the government to file an affidavit explaining the delay in filing the petition as the review committee's decision came in 2005.

The hearing is adjourned for two weeks. The trial of three other accused in the case is going on in a special POTA court.