The Central Bureau of Investigations will file a special leave petition against the Gujarat high court order in the murder case of former home minister of Gujarat Haren Pandya. Slamming the Central Bureau of Investigation for its "washed up" and "blinkered" probe in the 2003 murder, the Gujarat HC on August 29 dropped charges against all 12 accused.
Pandya was shot dead in the morning of March 23, 2003 from a close range in Law Garden area of Ahmedabad and the CBI took over investigation. Prior to Panday's killing, an attempt was made on the life of a local Vishwa Hindu Parishad leader named Jagdish Tewari on March 11.
During investigation, the CBI arrested 15 accused persons and during their interrogation, it emerged that these two incidents were part of a conspiracy to spread terror in the aftermath of Godhra riots. The offenders were illegally sent to Pakistan by absconding accused Rasul Parti and Mufti Sufiyan Patangia (presently based in Pakistan) and trained at the behest of the Inter-Services Intelligence.
After completion of an exhaustive investigation, a common chargesheet was filed on September 8, 2003 against 19 accused (including 4 absconders)
in the Court of Special Judge, POTA cases, Ahmedabad.
As four accused were absconding and the other three were exonerated from charges of POTA by Central POTA Review Committee. Therefore, the trial proceeded against 12 accused only.
After a comprehensive trial, the special judge in an order dated June 25, 2007 convicted all 12 accused persons under section 302 IPC and relevant sections of POTA and Arms Act also. Out of 12 accused persons, nine were sentenced to life imprisonment, 2 for seven years rigorous imprisonment and one was awarded a sentence of five years. Those convicted filed appeals before Gujarat high court immediately.
The Gujarat high court on August 29 has upheld the conviction of all the 12 appellants under POTA and Arms Act, but they have been acquitted from the charges of 302 IPC relating to murder of Pandya.
The high court order is being examined by the CBI for filing Special Leave Petition in the Supreme Court against the order of Gujarat high court for partial acquittal of accused persons.