Days after the Gujarat high court acquitted 12 of those accused for the murder of former minister Haren Pandya of a major charge, the Central Bureau of Investigation (CBI) is writing to the Union law ministry for clearance to challenge the decision at the Supreme Court, a move with political implications. CBI chief A P Singh met home minister P Chidambaram today to discuss the case and the HC’s criticism of the investigations.
The HC, for instance, had noted differing ballistic reports on the bullets used and the CBI finding only five bullets from the abandoned car in which Pandya was found but seven gunshot wounds on the body.
“We have to write to the law ministry. We can file a petition only after getting clearance. Due to some weaknesses pointed out by the high court, the accused were acquitted,” said a senior CBI official.
The 12 who were acquitted had been earlier convicted for murder; the HC acquitted them of this charge. It upheld the convictions on grounds of criminal conspiracy and terrorism, under the Prevention of Terrorism Act (Pota). Pandya, who was former minister of state for home in the state government, was shot dead on the morning of March 26, 2003.
The CBI investigators had arrested 15 people, although 19 were named as accused. The Pota court had convicted 12 people on June 25, 2007, and nine of them were given life imprisonment.
Pandya’s family has alleged the murder was a political killing, linked to the 2002 communal attack on Muslims. They have asked that state chief minister Narendra Modi be questioned in this regard.