A bench headed by Justice Arun Mishra for Supreme Court of India has granted the appeals of Central Bureau of Investigation (CBI) and Gujarat government challenging the high court order by which the convicts were absolved of murder charges in the case.
The Supreme Court, however, dismissed the PIL of NGO Centre for Public Interest Litigation (CPIL) seeking court-monitored fresh probe into the killing.
Supreme court also imposed a fine of Rs 50,000 on CPIL for filing the PIL and said no further petition would be entertained in the case. Haren Pandya was a minister in the then Narendra Modi-led state government in Gujarat. He was shot on March 26, 2003 in Ahmedabad near Law Garden during morning walk.
According to the CBI, he was murdered to avenge the 2002 communal riots in the state.
The appeals were filed by the CBI and the state police questioning the August 29, 2011 acquittal by the Gujarat High Court as being erroneous.
The high court, while acquitting the 12 persons of the charges of murder, had upheld the trial court’s decision to convict them of the charges of criminal conspiracy, attempt to murder and for the offences under the Prevention of Terrorism Act (POTA).
The Supreme Court had on January 31 this year reserved the verdict on the appeals in the matter.
On January 5, 2012, the top court had admitted the appeals filed by the CBI and state against the high court’s judgement.
The high court, while criticising the CBI for botched-up investigation in the case, had said, “What clearly stands out from the record of the present case is that the investigation in the case of murder of Haren Pandya has all through been botched up and blinkered and has left a lot to be desired.”
The accused were earlier convicted for a larger conspiracy by a special POTA court on the basis of deposition of main accused Asghar Ali, who had admitted to their plan to attack prominent VHP and other Hindu leaders of Gujarat to avenge the 2002 riots.
The other accused are — Mohammad Rauf, Mohammad Parvez Abdul Kayum Sheikh, Parvez Khan Pathan alias Athar Parvez, Mohammad Farooq alias Haji Farooq, Shahnawaz Gandhi, Kalim Ahmeda alias Kalimullah, Rehan Puthawala, Mohammad Riaz Sareswala, Aniz Machiswala, Mohammad Yunus Sareswala and Mohammad Saifuddin.
According to CBI, prior to Pandya’s killing, the convicts had made an attempt on the life of a local VHP leader Jagdish Tewari on March 11, 2003.
The agency had claimed these two incidents were part of a single conspiracy to spread terror among people in the aftermath of post-Godhra riots.
The offenders were illegally sent to Pakistan by absconding accused Rasul Parti and Mufti Sufiyan Patangia and trained at the behest of Pakistan’s intelligence agency ISI, the agency had claimed.
SC convicts 12 in Haren Pandya murder case
