Haren Pandya case: HC drops murder rap against 12

Slamming the Central Bureau of Investigation for its "washed up" and "blinkered" investigations in the 2003 Haren Pandya murder case, the Gujarat high court on Monday dropped murder charges against all the 12 accused in the case.

However, all the accused still face charges of attempt to murder and offences under Prevention of Terrorism Act.

This means that the appeal of the accused in the murder case is partially allowed, Special Public Prosecutor J M Panchal said. All the accused except key conspirator Mohammad Asgar Ali are likely to be released from jail as they had been behind bars since 2003 as far as Pandya murder case was concerned, said special public prosecutor J M Panchal.

A division bench of the high court comprising justices D H Vaghela and J C Upadhyay said the investigations by the central agency in the case were "washed up, blinkered and had left a lot to desire."

Since conviction for section 302 (murder) or 302 read with 120 (B) (criminal conspiracy) could not servive, the orders of sentence based on those charges are set aside and to that extent, the appeals are partly allowed, the ruling said.

Criticising the CBI, the court further said the investigating officer should be made accountable for such lapses, which has caused injustice to the accused and wastage of public resources.

It said the investigation agency could not prove murder charges, hence the conviction by the trial court, where the accused were convicted of murder with criminal conspiracy, would not survive. Hence, the order was set aside.

Pandya, former minister of state for Home, was shot dead on March 26, 2003, near the Law Garden area of the city when he had gone for a morning walk.

The CBI had stated in its charge-sheet that the murder was carried out to avenge the 2002 riots.

A special POTA court had convicted 12 accused in the case out of the total 15 who were arrested.

The court had sentenced nine people to life imprisonment while two others were awarded seven years prison and another was handed out a five-year-jail term. The main accused from Hyderabad, Ashgar Ali, was sentenced to life imprisonment.