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Pandya case: 10 accused get time to approach apex court
Ahmedabad, Nov 06: The special Pota court today granted time till November 21 to ten of the 19 accused in the Haren Pandya murder case to challenge the `applicability of Pota` against them in the apex court.
Ahmedabad, Nov 06: The special Pota court today granted time till November 21 to ten of the 19 accused in the Haren Pandya murder case to challenge the "applicability of Pota" against them in the apex court.
Pota court judge Sonia Gokani granted time after defence counsel submitted an application seeking 30 days period to challenge the invoking of anti-terror law against the accused, prosecution sources said.
"The defence has sought time to approach the Supreme Court under Article 14 of the Constitution to challenge the invoking of anti-terror law against them," they said.
Defence counsel H N Jhala sought time to challenge the earlier order of the designated court, which had rejected his application seeking lifting of Pota provisions against the accused.
Special public prosecutor J M Panchal said that the prosecution had no objection if "reasonable" time was granted to the applicants to approach the apex court.
Jhala also submitted that the defence had to obtain certified copies of FIR in the Best Bakery case, Naroda Patia massacre and Gulbarg Society killings, which took place during the post-Godhra communal carnage last year.
The Pota court was to frame charges today against 19 accused in the Haren Pandya murder case, which included Hyderabad-based sharpshooter Asghar Ali and his associates as also four "ISI agents", who allegedly aided him.
While Ali and his four associates were arrested from Hyderabad on April 17 this year by the CBI, the "ISI" agents were nabbed from the city by the crime branch on April 4.
The CBI, which was handed over the investigation into the case on March 26 this year, the day Pandya was killed, had slapped Pota against all the accused on June 2
The court had on October 18 rejected the application filed under Section 33 of Pota by the 10 accused to lift the provisions of anti-terrorist law slapped against them.
The court had then observed that there was a prima facie case to slap Pota on the ten accused.
Pandya was shot dead by Hyderabad-based sharp shooter Mohd Azgar Ali near Law Garden here.
Four persons, including prime conspirator Mufti Sufiyan Patangia, Rasool Parti, Sohail Khan and Mohd Junaid, are still absconding in the case. Bureau Report
"The defence has sought time to approach the Supreme Court under Article 14 of the Constitution to challenge the invoking of anti-terror law against them," they said.
Defence counsel H N Jhala sought time to challenge the earlier order of the designated court, which had rejected his application seeking lifting of Pota provisions against the accused.
Special public prosecutor J M Panchal said that the prosecution had no objection if "reasonable" time was granted to the applicants to approach the apex court.
Jhala also submitted that the defence had to obtain certified copies of FIR in the Best Bakery case, Naroda Patia massacre and Gulbarg Society killings, which took place during the post-Godhra communal carnage last year.
The Pota court was to frame charges today against 19 accused in the Haren Pandya murder case, which included Hyderabad-based sharpshooter Asghar Ali and his associates as also four "ISI agents", who allegedly aided him.
While Ali and his four associates were arrested from Hyderabad on April 17 this year by the CBI, the "ISI" agents were nabbed from the city by the crime branch on April 4.
The CBI, which was handed over the investigation into the case on March 26 this year, the day Pandya was killed, had slapped Pota against all the accused on June 2
The court had on October 18 rejected the application filed under Section 33 of Pota by the 10 accused to lift the provisions of anti-terrorist law slapped against them.
The court had then observed that there was a prima facie case to slap Pota on the ten accused.
Pandya was shot dead by Hyderabad-based sharp shooter Mohd Azgar Ali near Law Garden here.
Four persons, including prime conspirator Mufti Sufiyan Patangia, Rasool Parti, Sohail Khan and Mohd Junaid, are still absconding in the case. Bureau Report