Modi Govt to Move SC Against HC Ruling in Pandya Case

Modi Govt to Move SC Against HC Ruling in Pandya Case
Gujarat government today said it would challenge in Supreme Court the High Court order dropping murder charges against the 12 convicted in Haren Pandya case and termed his wife's plea seeking fresh probe into the killing as "premature".

"The state government is going to appeal the Gujarat High Court order of August 29, 2011 in the Supreme Court," the special public prosecutor J M Panchal representing the state government told the justice R H Shukla of the High Court who was hearing the petition of Jagruti, wife of the slain former Minister of State for Home in Narendra Modi government.

CBI counsel Yogesh Ravani also informed the court that the CBI was also considering filing an appeal against the high court order and a decision on it would be taken soon.

The Gujarat High Court in its order on August 29 dropped charges of murder against 12 persons convicted for the killing of Haren Pandya while upholding the charges of criminal conspiracy and terrorism under POTA against them awarded by the trial court.

The division bench of justices D H Waghela and J C Upadhyaya had also come down heavily on the CBI and called its investigation "botched up" and "blinkered".

Soon after the verdict, Jagruti had appealed to BJP leader L K Advani and Modi to help her get "justice for Haren" and demanded a reinvestigation.

She filed a petition in the high court last week seeking a fresh probe in the murder of her husband who was shot dead on March 26, 2003, when he had gone for a morning walk.

Referring to her petition, Panchal argued that it was a little premature at this time as the period to file appeal against the order in the higher forum is not over.

The CBI counsel also suggested that Jagurti's petition be heard only after the appeal period gets over.

After hearing the statements of the state government and CBI, Jagruti counsel S V Raju agreed that the matter could be heard after some time.

The court adjourned the matter to first week of December.

Raju further informed the court that his client has already made a representation to the CBI for further investigations in her husband's murder case.

He also asked the CBI to consider the representation by Jagurti at the earliest.

Raju submitted that the present petition filed in the High Court should not come in the way of considering that representation.
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