Ahmedabad, 3 April 2014

There’s big relief to Gujarat cabinet minister Babubhai Bokhiria. The Supreme Court has set aside the Gujarat High Court order which allowed Bokhiria’s trial in Mulu Modhwadia murder case. This means he is no more in the list of accused. It is equivalent to being discharged in that case.

Babu Bokhiria’s reaction: I always had full faith on India’s justice system. Truth always prevails. Just to involve me in this case, then leader of opposition Arjun Modhwadia was sitting on fast unto death, but finally truth always prevails. A false plot was created to involve me in this case, but falsehood never sustains for long. I had full faith on justice system and police investigation. Police had time and again maintained that there was no evidence to support section 302 against me. My opponent took this issue to larger bench and tried to stretch this case longer, so that Congress can take advantage till the order is out. The court has given reply to them finally.

The case: Mulu Modhwadia,a local Congress leader in Porbandar, was gunned down on November 16,2005, allegedly by three persons.Local cops filed a chargesheet in the stipulated time against 10 persons.Some of these later escaped custody during transit.When the trial commenced,Modhwadias son filed an application on March 7,2008 stating that the family had received a letter,written by Modhwadia,which stated that in case of his murder,Bokhiria should be held responsible.

The court arraigned Bokhiria as an accused under section 319 of CrPC.Bokhiria,on the other hand,moved the high court and later the SC for the HCs refusal to interfere.The court proceedings in this case had been stayed since December 17,2008,on the apex courts order.

Meanwhile,the accused persons who were lodged in jail continued to seek bail.Finally,they questioned the stay order and sought a speedy trial,citing their rights.

The apex court had earlier ordered the trial court to resume the trial against 10 persons,and not against Bokhiria. The court had vacated the stay on the grounds that the accused had been in jail for more than six years.Bokhirias case was pending before a larger bench.

Arjun Modhwadia’s reaction

Meanwhile Gujarat Congress president and former Porbandar MLA Arjun Modhwadia who was defeated by Babubhai Bokhiria in a press released claimed, “after Mulu Modhwadia’s murder, a chit was found out from his pocket in his hand writing. Mulubhai wrote Babubhai Bokhiria will murder him anytime. Police is not receiving complaint and therefore I’m not complaining.”

Modhwadia claimed the chit was like dying declaration. He claimed Bokhiria’s phone detail had record of his talk with those who murdered Mulubhai. There were even other evidences, but police didn’t care to take Bokhiria’s statement even. Finally Porbandar trial court had issued warrant against Bokhiria based on available evidences. Trial court’s decision was upheld by Gujarat High Court. However those who murdered Mulubhai are released. It is sad that High Court order has been reversed by the Supreme Court against conspirator Babu Bokhiria.Modhwadia described relief to Bokhria as painful decision. He said if those who killed Mulu Modhwadia and Haren Pandya were not guilty, then who is guilty?