Haren Pandya murder – Relief to accused by Gujarat HC 29.08.2011 | 16:55 Ahmedabad Vijay Shah

The Gujarat High Court today dropped murder charges against all 12 accused in the Haren Pandya Murder case of 2003. The High Court also took the Central Bureau of Investigation to task for its “washed up” and “blinkered” investigations in the 2003 murder case of the former BJP leader.

“Due to the lack of evidences, High Court bench comprising Justice DH Waghela and Justice JC Upadhyay removed the charges and they have not considered the FIR of Anil Yadram Patel in the case as he was neither present at the place nor an eyewitness to Pandya’s murder.” said BM Gupta, lawyer of prime accused Mohammad Asgar Ali.

Special public prosecutor JM Panchal has indicated that following the verdict the sentence of most of the accused is likely to be reduced. Certain charges however remain and today's development is not a complete acquittal.

As per the CBI Pandya was killed by bullets fired from point blank range. The CBI further claimed that Pandya was murdered as part of a conspiracy to assassinate political leaders in Gujarat in the aftermath of communal riots of 2002. In June 2007, the special designated court hearing the case had sentenced nine accused to life imprisonment, two to seven years in jail and one to five years' imprisonment.

Earlier, Haren Pandya's wife Jagrutiben and his father Vitthalbhai had expressed dissatisfaction with the CBI probe and the outcome of the trial. They had demanded re-investigation in the case.

Out of total 19 persons accused in the criminal case, four have been absconding and trial of three accused persons had been conducted separately under the Prevention of Terrorism Act, 2002. As a larger conspiracy to strike terror was alleged, provisions of POTA were invoked in the case of murder of Pandya on 2 June 2003.

All the 12 accused, including the prime accused Mohammad Asgar Ali, had filed an appeal in the Gujarat High Court in 2007 after they were convicted by the special court. The bench began daily hearing of the appeal after the Supreme Court expressed that hearing of the appeals be concluded within six months.

Former Gujarat minister of state for home, Haren Pandya, was found murdered at the Law Garden locality in Ahmedabad on the morning of 26 March 2003.

Gujarat Lokayukta is still sometime away 18.08.2011 | 22:27 Ahmedabad Vijay Shah

After the Gujarat government appointed a commission to probe allegations of corruption against the state over the last few years, there is talk of appointing a Lokayukta in the state as well.

While addressing the media, state government spokesperson, Jaynarayan Vyas said, “we have boosted up the process of appointing Lokayukta in the state,…in near future the state will have Lokayukta.”

From 1985 till 2003 Gujarat had a Lokayukta, but for the last eight years this office has been lying vacant. Various NGOs and RTI activists of the state have been urging for appointment of a Lokayukta for several years.

Even during the protests held at Ahmedabad in support of Anna Hazare’s movement to implement Jan Lokpal Bill, people raised their voice in support of appointment of Lokayukta in the state. “We are surprised that why the Modi government is not appointing Lokayukta in the state. The appointment will curb corruption and keep governance under a scanner”, said Gautam Thakkar, General Secretary of People’s Union for Civil Liberties.

Early last year in March, Modi had twice organized meetings to select a name for the office of Lokayukta, but on both instances the leader of Opposition, Shaktishin Gohil, remained absent.

According to law, generally, the appointment is made with the mutual consent of the Chief Minister and the Opposition Leader.

In April 2010, Modi returned back the legal and constitution note to the Governor of state, Kamala Beniwal who then asked Chief Justice SJ Mukhopadhyay to recommend a name for Lokayukta so that the government can start the process of appointing the same.

Later in December 2010, the Chief Justice suggested the name of retired Justice SD Dave’s name to the State government, but Dave expressed his unwillingness to work as a Lokayukta.

Thereafter, in June 2011, the Chief Justice recommended the name of retired Justice RA Mehta. The State government asked him to rethink his recommendation, but the Chief Justice again recommended the same name on August 2.

“On 7 June Chief Justice SJ Mukhopadhyay had recommended the name of Justice RA Mehta. State government asked CJ to rethink over it, but on 2 August the CJ again recommended the same name. So now government has taken it into consideration”, Vyas added.

In the absence of a Lokayukta the state on Wednesday appointed a commission under Justice MB Shah to probe charges of corruption against the state.

Policing PDS with right to information weapon 26.07.2011 | 20:22 Ahmedabad Vijay Shah

Gujarat has become the first state in the country where disclosure of all stocks has been made compulsory at fair price shops. This became possible due to the efforts of an 18-year-old in a Gujarat village and his use of the Right to Information Act.

The teenager, Bhadresh Wamja, filed an RTI application seeking details of the stocks dispatched from the public distribution system (PDS) to the fair price shops. A second year B Com student, who heads a movement called Youth Against Corruption in his area, Wamja came to know through newspapers that APL (above poverty line) cardholders were eligible to get rations under the public distribution arrangement through fair price shops.

Himself an APL card holder, Bhadresh was in for a surprise when he enquired about it from his village fair price shop. He was flatly turned down and informed that there were no such provisions for APL card holders. So he was forced to purchase his requirements at prevailing market prices. In a quandary, he called up the 'mahiti adhikar' (information rights) helpline and was told that the department of food and civil supplies of the Gujarat government dispatches foodgrains and assorted supplies every month for BPL (below poverty line), APL and Antyodaya cardholders.

Bhadresh filed an RTI application on 11 February 2011, seeking details of the stock dispatched and received by the shop. "This brought problems for me and my family and we began receiving threats from the local village functionaries as the PDS shopkeeper and the gram sevak were all involved in the irregularities", he pointed out.

Undeterred, Bhadresh contacted the whistleblower helpline of the Mahiti Adhikar Gujarat Pahel which helps and guides all such RTI Activists. The helpline immediately wrote to the food and civil supplies department of the government, the RTI chief and the relevant police station. This resulted in arrest of Paresh Jaiswal who operated the PDS shop. Jaiswal however secured bail in two days and the vicious circle of threats and warnings began all over again, alleged Bhadresh.

"I was threatened several times, but I did not give up and kept up the fight. However, some of my relatives intervened to bring about a compromise", Bhadresh said.

He, however, filed an RTI application against the civil supplies department on March 1. The continuing crusade finally bore results and on April 30, the state government passed an order under section 4(1)(b), making it compulsory for all fair price shops in the state to disclose all the details about rations received and kept in the shop. "This is a just reward for the initiative of the young lad which will prove a boon for all ration cardholders in the state", said Pankti Jog of Pahel here on Tuesday.