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Gujarat
government submits sealed 'secret' papers in Haren Pandya case
Friday April 01, 2011 10:34:25 PM,
IANS
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Gandhinagar: The
Gujarat government Friday submitted a sealed cover containing "vital
details" related to the murder of former BJP minister Haren Pandya
before the state high court.
The bench comprising Justices R.R. Tripathi and P.P. Bhatt took the
sealed cover on record, while observing that by doing so, it would
not prejudice the case of any of the parties.
Additional Advocate General Tushar Mehta submitted before the court
that the cover be kept in the court's custody. He however said they
were not relying upon the documents in the sealed cover as of now.
Mehta stated that they would provide the documents to the convicts
if and when the government was going to rely upon the documents.
Objecting, defence lawyer Somnath Vatsa told the court that
submission of the sealed cover containing "secret documents" related
to the case was an unknown process to the law.
He maintained that the government was not even a prosecution agency
and it should have done so through the Central Bureau of
Investigation (CBI), which is the prosecution agency in the case.
The CBI has not objected to the submission of the sealed cover. It
on the contrary kept silent on the issue, which was referred to by
Justice Tripathi as "Pandora's Box".
The CBI counsel Y.N. Ravani said: "We have not objected to the move
since the state is not relying on it at present."
He further added that "If and when they rely on the same and provide
the copies, we will decide our action."
In a recent communication, government pleader Prakash Jani had urged
the high court registry to keep the cover containing the "vital
details" in its custody as it was to be placed on record in
connection with the proceedings of the case in the court.
Haren Pandya, a former home minister, was assassinated in March 26,
2003 near the Law Garden in Ellisbridge area of Ahmedabad.
The investigation of the case was done by CBI and the accused were
slapped with charges under the Prevention of Terrorism Act (POTA).
A special POTA Court, in June 2007, convicted 12 people in the case,
nine of them getting life imprisonment.
The 12 convicts have preferred criminal appeals before the high
court and final hearing on those appeals is expected to commence
soon before the division bench.
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