Gandhi Nagar, August 30 :THE GUJARAT High Court on Monday acquitted all 12 accused in the Haren Pandya murder case and castigated the CBI for its “ botched” probe.
Setting aside the murder charge against the accused, the court said “ the offence punishable under Section 302 of the Indian Penal Code ( IPC) is held to have not been proved beyond reasonable doubt”. In a strong stricture on the CBI, a division bench of justices D. H. Waghela and J. C. Upadhyaya said: “ The investigation in the case of murder of Haren Pandya has all throughout been botched up and blinkered and has left a lot to be desired. The investigating officers concerned ought to be held accountable for their inaptitude resulting into injustice, huge harassment of many people concerned and enormous waste of public resources and time of the courts.”
The saving grace for the investigating agency was that the court upheld the charges of criminal conspiracy ( IPC Section 120B) and attempt to murder ( IPC Section 307) as also the charges framed under the Prevention of Terrorism Act ( POTA) against the accused.
B. M. Gupta, counsel of the accused, said: “ Today’s order absolves the accused of the allegation of murdering Pandya. However, the high court has upheld the charges of conspiracy and attempt to murder in the Jagdish Tiwari shooting case.” Apart from investigating Pandya’s murder, the CBI also investigated the incident of firing on Tiwari, a VHP leader, at Bapunagar on March 11, 2003.
The agency treated both the cases as part of the same conspiracy — to strike terror among a section of people — and accordingly, one chargesheet was filed.
The CBI is likely to file a special leave petition ( SLP) in the Supreme Court against the high court’s decision.
An official said the agency would file the SLP at the earliest after studying the order. According to him, the CBI did a good job with the probe and has sound legal reasons to move the SC. Sources said the fact the HC upheld the trial court’s conviction of the accused in the conspiracy to kill Pandya was a confirmation of their involvement in the crime. “ Our legal team will sit with the investigating officials to study the points on which the HC acquitted the accused of the murder charge. We will make a point- by- point reply ( in the SC),” an official said.
When contacted for her reaction on the verdict, Pandya’s wife Jagrutiben was guarded. “ From what I have heard, this is a good order. But I am yet to study the order. I will come out with my detailed reaction once I study it properly,” she said.
Pandya’s family blamed a political conspiracy behind his murder and alleged chief minister Narendra Modi of having a role in it.
According to the CBI, however, he was killed by a terrorist group to avenge the 2002 riots.
Pandya, a former minister of state for home, was an MLA from Ellisbridge. A Keshubhai Patel loyalist, he served as MoS for revenue in his cabinet.
His trouble with Modi began in February 2002 when he refused to vacate the Ellisbridge seat for the chief minister. Modi had become CM in late 2001 and needed to get elected to the assembly. While Modi got elected from Rajkot, the bad blood between the two continued.
Their relations worsened when, after the Gujarat riots of 2002, Pandya deposed before a citizen’s tribunal and reportedly exposed the role of the high and mighty in it. He was denied a ticket in the 2002 state polls. But with a strong support base among the party workers, he was emerging as a rallying point against Modi.
Pandya’s father Vitthalbhai has all along blamed Modi for his murder.
Pandya was shot dead in the Law Garden area of Ahmedabad on March 26, 2003. A probe was started by the state’s crime branch, then headed by the nowtainted officer D. G. Vanzara. The investigation was later handed over to the CBI on April 28, 2003.
A CASE OF MANY TWISTS AND TURNS
MARCH 26, 2003: Haren Pandya murdered at Law Garden in Ahmedabad
APRIL 28, 2003: Probe handed over to CBI
APRIL 2003: Main accused Asgar Ali and his associates Rauf Abdul Bari and Iftekhar arrested in Hyderbad
MAY 2003: Six more held
JUNE 2003: CBI invokes POTA against all the 12 accused
SEPT 2004: Plea of the accused to shift the case outside the state rejected
JUNE 2007: A designated POTA court convicts all 12, awarding life term to nine, seven years in jail to two others and five- year imprisonment to one accused
DEC 2007: Pandya’s father moves Gujarat HC seeking reinvestigation, names Narendra Modi as a party in his plea
JULY 2009: SC declines to examine Modi in the case
JULY 11, 2011 : HC starts hearing on a day- to- day basis
AUG 12, 2011: HC reserves order on the convicts’ appeal
AUG 29, 2011: HC drops murder charge against them but upholds conspiracy and attempt to murder charges
Thanks Mail today