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Slamming the CBI for its washed up and blinkered investigations in the 2003 murder of former state home minister Haren Pandya,the Gujarat High Court today dropped murder charges against all 12 accused in the case.
However,the charges of attempt to murder will remain on all accused.
This means the appeal of the accused in the sensational murder case is partially allowed,Special public prosecutor J M Panchal said.
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.
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.
Following the court verdict,the sentence of most accused except prime accused Ashgar Ali is likely to be reduced.
Pandya,former minister of state for home,was shot dead on March 26,2003,near Law Garden area of the city when he had gone for a morning walk.
The CBI had stated in its chargesheet that the murder was carried out to avenge the 2002 riots.
But Pandya’s family members his late father Vitthal Pandya and widow Jagruti Pandya insisted there were only political motives behind Pandya’s murder. They have demanded a fresh investigation in the case,alleging the real accused had not been arrested.
A special POTA court had convicted 12 accused in the case out of a total 15 who were nabbed.
The court had sentenced nine to life imprisonment while two others were given seven years and another was handed a five-year-jail term. The main accused from Hyderabad,Ashgar Ali,was sentenced to remain in prison till he is alive.
The 12 convicts were Mohammed Parvez Abdul Qayum Sheikh,Parvezkhan Pathan alias Athar Parvez,Mohammed Farooq alias Haji Farooq,Shahnawaz Gandhi,Kalim Ahmed alias Kalim Mulla,Rehan Puthawala,Mohammed Riyaz Sareswala,Anees Machiswala,Mohammed Yunus Sareswala,Mohammed Rauf Mohammed Abdul Qadar,Mohammed Saffiuddin,and main accused Asghar Ali.
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