Haren Pandya

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The tribunal received direct information through a testimony from a highly placed source of a meeting (on February 27, 2002) where the CM, two or three senior cabinet colleagues, the Ahmedabad police commissioner and an IG police were present. The meeting had a singular purpose: the senior-most police officials were told that they should expect a "Hindu reaction" after Godhra. They were also told they should not do anything to contain this reaction. [11]

Hosbet Suresh, who was a member of the tribunal, testified before the tribunal and a recording of Pandya's testimony before the tribunal exists. [10] [11]

Supreme Court appointed SIT, after investigation, concluded that the Haren Pandya was not present in any such meeting and that such a claim is a "figment of imagination". The call records of Haren Pandya showed that he was in Ahmedabad City at the time of the alleged meeting while meeting was at CM's residence in Gandhinagar. This fact was used to conclude that Pandya could not have been present at the meeting. All the participants of the meeting said that no MoS or Cabinet Minister was present at the meeting(Haren Pandya was MoS Revenue at that time). SIT accused Haren Pandya of misleading statements. SIT also said that the testimony of Haren Pandya and Sanjiv Bhatt were only to sensationalise and politicise the matters. [13]

Murder and aftermath

On 26 March 2003, at about 7:40 am, Pandya was killed by two unidentified assailants who shot five bullets at him when he had just finished his morning walk in the Law Gardens in Ahmedabad. His body lay in his car for two hours. Pandya's family started worrying when he did not return home and sent his personal assistant Nilesh Bhatt to check on him. Bhatt found him lying dead in his car. [14]

A lot of controversy followed his murder and top BJP Leaders such as Chief Minister Narendra Modi and the then Deputy Prime Minister of India Lal Krishna Advani were under intense criticism from within the Sangh Pariwar and general public for sidelining Haren Pandya, and not providing him proper security despite threats to his life, and his request for security cover. IPS officer Sanjiv Bhatt had even alerted Pandya about a threat to his life, and even spoke out about Pandya to the Special Investigation Team probing the Godhra riots. [15]

In 2007, a special POTA court had sentenced the main accused, Asgar Ali from Hyderabad, to life imprisonment, while handing out life imprisonment to seven others, 10-year jail term to two and five years imprisonment to one. They were all held guilty of murder and conspiracy to spread terror in the case of Pandya's murder and attempted murder charges in the case of VHP leader Jagdish Tiwari.[ citation needed ]

On 29 August 2011, all the 12 people accused of murdering Pandya were acquitted of the murder charges by the Gujarat High Court, but other charges including criminal conspiracy and attempt to murder were retained. [16] [17] The high court called the CBI's work a "botched up and blinkered" investigation. [18]

Supreme Court of India held that the murder of Haren Pandya and attempt to murder of VHP leader Jagdish Tiwari were part of common conspiracy to spread terror amongst Hindus. The Supreme Court held that the murder was committed to avenge the post Godhra riots, in which Haren Pandya was considered by murderers to have played a role. [9]

In July 2019, the Supreme Court in its final verdict reversed the decision of the Gujarat High Court and convicted 12 persons of the killing of Haren Pandya. [19] [20] [21] [22]

An NGO named Centre for Public Interest Litigation (CPIL), on the basis of statements of a witness in Sohrabuddin Sheikh case and allegations made on the then Gujarat government in a book named Gujarat Files by journalist Rana Ayyub had sought re-investigation in Haren Pandya murder case. The court rejected the NGO's plea for further probe in the case, and as contempt of court, slammed Rs. 50,000 fine to the NGO. The bench said Gujarat Files can not be projected as conclusive evidence as it is based upon one's individual surmises, conjectures, and suppositions. [23] [24]

Theories about perpetrators

In August 2011, DNA magazine reported that Sohrabuddin Sheikh, a criminal who had earlier been killed by the Gujarat police in an encounter, and his associate Tulsiram Prajapati may have been "used to kill Haren Pandya". [25] Citing unnamed sources in the Gujarat State Police, the report said that Sohrabuddin was initially given the task, but he back-pedalled and the murder was then executed by Tulsiram. In the encounter killings of Sohrabuddin and Tulsiram, the Gujarat state attorney K.T.S Tulsi admitted before the court that these individuals were killed by the state police. [26]

According to Sanjiv Bhatt, Pandya's murder was carried out by Tulsiram Prajapati as per what Bhatt was informed by Asgar Ali, a criminal from Hyderabad. Asgar had informed Bhatt that he was contacted by Sohrabuddin Sheikh to carry out the murder, and had even visited Ahmedabad for this purpose, but at the last moment he had changed his mind and returned to Hyderabad without killing Pandya. Later Asgar came to know that the crime had been perpetrated by Tulsiram Prajapati, according to Bhatt. [27]

D.G. Vanzara, the Gujarat police officer who had originally investigated the Pandya murder, [28] and who has faced arrest and incarceration on charges of coordinating the Sohrabuddin and Tulsiram encounters, testified before the CBI in September 2013 about Sohrabuddin's role in Pandya's murder, and indicated a political conspiracy behind the killing. [29]

Cut out murder

In police terminology, the Pandya case has been called a "cut-out murder" in which it is not possible to establish the link between the victim and the conspirator or motivator of the crime. [30] A police official offered this explanation:

A wants to murder Z and instructs B to execute the order. B tells C who does not know that A is the instigator. Instructions are passed in this manner from C to D and then to E and it goes down all the way. The final contract killer does not know where the order originated from. If investigations turns nasty, then all A has to do is to make any of the people in the chain a cut-out—take him out by beginning another chain. [30]

See also

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References

  1. ↑ Subrahmaniam, Vidya (5 January 2012). "Haren Pandya's wife says he could not have been shot in his car". The Hindu. Chennai, India.
  2. ↑ "The Emperor Uncrowned | the Caravan - A Journal of Politics and Culture". Archived from the original on 1 October 2013. Retrieved 4 June 2013.
  3. ↑ "Keshubhai man Haren Pandya quits Modi govt". Times of India. 6 August 2002. Retrieved 30 December 2014.
  4. ↑ "Haren Pandya to campaign for BJP in Gujarat". 1 December 2002. Retrieved 30 December 2014.
  5. ↑ "Denying ticket to Pandya was unjust: Advani". Times of India. 7 April 2003. Retrieved 30 December 2014.
  6. ↑ "Haren Pandya's wife to contest Gujarat polls on Keshubhai's party ticket". India Today. 29 November 2012. Retrieved 9 September 2019.
  7. ↑ "Pandya wife accepts post". www.telegraphindia.com. Retrieved 16 July 2022.
  8. ↑ "Who killed Haren Pandya?". The Times Of India.
  9. 1 2 "Supreme Court Judgement on Haren Pandya's death" (PDF). Supreme Court of India.
  10. 1 2 3 "A Midnight Meeting On Feb 27 And A Murdered Minister". Outlook. 12 November 2007. Retrieved 19 September 2016.
  11. 1 2 3 "Did SIT ignore Haren Pandya testimony?". Hindustan Times. 21 February 2012. Retrieved 19 September 2016.
  12. ↑ Jose, Vinod K (March 2012). "The Emperor Uncrowned : The rise of Narendra Modi". Caravan magazine. Archived from the original on 1 October 2013. Retrieved 20 September 2016.
  13. ↑ "SIT report (Page 195,206,217)" (PDF). Supreme Court of India.
  14. ↑ Bunsha, Dionne (12–25 April 2003). "An ex-Minister's murder". Frontline. Retrieved 30 December 2014.
  15. ↑ "Pandya murder: Call records belie Bhatt claims, says SIT - Indian Express". archive.indianexpress.com. Retrieved 9 September 2019.
  16. ↑ Haren Pandya murder: HC acquits all accused, Zeenews, 29 August 2011
  17. ↑ Haren Pandya murder case: Gujarat HC acquits all accused, Times Of India, 29 August 2011
  18. ↑ Sarim Naved (17 September 2011). "The Haren Pandya Judgment: Dissection of a Botched Investigation". Economic and Political Weekly, Vol - XLVI No. 38. Retrieved 30 September 2013.
  19. ↑ "Haren Pandya murder case: SC convicts 12 persons for killing ex-Gujarat home minister". India Today. Retrieved 9 September 2019.
  20. ↑ "Haren Pandya murder: SC convicts 12 people acquitted by Gujarat HC". The Indian Express. 6 July 2019. Retrieved 9 September 2019.
  21. ↑ "SC restores conviction of 12 people for Haren Pandya's murder". hindustantimes.com. 5 July 2019. Retrieved 9 September 2019.
  22. ↑ Sharma, Prathma (5 July 2019). "SC convicts 12 people in Haren Pandya murder case". livemint.com. Retrieved 9 September 2019.
  23. ↑ ^The Hindu , July 2019 "SC refused plea in Haren pandya murder case"
  24. ↑ fined 50,000 on NGO Archived 11 August 2019 at the Wayback Machine 'Firstpost'
  25. ↑ "Was it Tulsiram Prajapati who killed Haren Pandya?". DNA (newspaper). 30 August 2011. Retrieved 30 September 2013.
  26. ↑ "Kauser Bi killed, body burnt; Gujarat govt to SC". www.rediff.com. Retrieved 9 February 2021.
  27. ↑ D. P. Bhattacharya (31 August 2011). "Tulsiram Prajapati killed Haren Pandya, says Sanjiv Bhatt". India Today.
  28. ↑ By VINOD K JOSE (March 2012). "The Emperor Uncrowned : The rise of Narendra Modi". Caravan magazine. Archived from the original on 1 October 2013. Retrieved 30 September 2013.
  29. ↑ "DG Vanzara sings about Haren Pandya murder, says it was political conspiracy: CBI". Times of India. 21 September 2013. Retrieved 20 September 2016.
  30. 1 2 "From Hermitude To Holography". Outlook. 8 April 2013. Retrieved 20 September 2016.
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Haren Pandya
Home Minister of Gujarat
In office
4 March 1998 –6 October 2001