Wednesday, August 31, 2011

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.

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