Gujarat High Court Grants Eight-Week Parole To Convict In Haren Pandya Murder Case
The Gujarat High Court has granted eight weeks of parole to Kalimahmed alias Kalim Mulla Mohammad Habib Karimi, a convict in the Haren Pandya murder case, as his application for remission remains pending.
Justice Nirzar Desai, presiding over the case, noted that the petitioner's case for remission has been pending for a long time and further time is likely required by the State to decide on the application.
“This Court finds that in the instant case also as the petitioner's case for remission is pending since long and still according to learned APP, some more time is likely to consume by the State in arriving at a decision upon the application made by the petitioner, therefore, the Court deems it fit and appropriate to enlarge the present applicant on parole for a period of 8 weeks from today on usual terms an conditions,” stated Justice Desai.
The Court considered the submission by Karimi's counsel, Advocate Arjun M. Joshi, who emphasised that the Supreme Court has directed the expedited hearing of the remission matter. Joshi argued that until the application is decided, Karimi should be granted parole, as the Supreme Court has done in similar cases.
“The aforesaid statement about the Hon'ble Supreme Court's Orders in other cases, whereby, on account of pendency of application for remission, the accused person was granted parole, could not be disputed by the Learned APP Ms.Mehta,” the Court noted.
Advocate Maithili Mehta, representing the State, presented the jail record of the applicant and strongly objected to the grant of parole, despite acknowledging the Supreme Court's precedent in similar cases.
“Considering the fact that it is not in dispute that in similar cases, Hon'ble Supreme Court in case of Mafabhai Motibhai Sagar vs. State of Gujarat and others, while passing the order dated 11.09.2023 in Special Leave to Appeal (Crl.) No. 6166 of 2023 as the State took considerable long time to consider the prayer of premature release of the petitioner, the Hon'ble Supreme Court has enlarged the accused-Applicant on parole on appropriate terms and conditions,” the court concluded.
The Case is now listed on 03.09.2024 for further hearing.
Pandya was minister in the then Narendra Modi-led state government in Gujarat. He was shot dead on March 26, 2003 in Ahmedabad near Law Garden during morning walk. According to the CBI, he was murdered to avenge the 2002 communal riots in the state. The trial court had convicted 12 persons for the murder of Pandya in June 2007.
Case Title: KALIMAHMED @ KALIM MULLA MOHAMMAD HABIB KARIMI vs STATE OF GUJARAT & ORS.