A Division Bench of Supreme Court Resumes Hearing on Plea Challenging Bombay High Court’s Decision in Dabholkar Murder Case
A Division Bench of the Supreme Court, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, resumed its hearing on a plea challenging the Bombay High Court’s refusal to continue monitoring the case relating to the murder of anti-superstition crusader Narendra Dabholkar. The Bench was hearing the petition filed by Mukta Dabholkar, daughter of Narendra Dabholkar.
Additional Documents to be Filed
The Bench has granted two weeks to the Senior Advocate Anand Grover, appearing for the petitioner, for filing some additional documents. These documents are expected to facilitate Additional Solicitor General Aishwarya Bhati, appearing for the CBI, in examining the issue of a larger conspiracy.
Issues Raised by the Petitioner
Grover argued that there are two main issues involved in the case. Firstly, the CBI investigation was not completed when the impugned order was passed. Secondly, there is evidence suggesting that the murders of Govind Pansare, Dr. Narendra Dabholkar, Professor MM Kalburgi, and Gauri Lankesh are interconnected. Grover also contended that this issue was raised before the Bombay High Court.
High Court’s Observation
Justice Dhulia observed that since the trial is ongoing and several witnesses have been examined, the High Court had refused to monitor the investigation. He questioned the petitioner’s objection to such an observation.
Status of the Investigation
The ASG informed the Bench that the counter affidavit had been filed on 31st May 2023, but it has not been accepted yet due to administrative difficulties. She also provided an update on the trial status, stating that 20 witnesses have been examined so far.
Larger Conspiracy Allegations
Justice Kaul asked about the larger conspiracy that Grover had alleged. The ASG responded by stating that there is no sufficient evidence against three of the five accused in the ongoing investigation, and the other two are not connected. She further mentioned that there is a separate trial going on for the other five accused.
Background of the Case
Narendra Dabholkar, a rationalist and social activist, was shot dead by extremist elements during his morning walk in 2013. In 2014, the High Court transferred the probe to the CBI from Pune police following petitions by activist Ketan Tirodkar and Mukta Dabholkar. The court has been monitoring the progress of the case since then.
In 2021, the special Pune court framed charges against alleged mastermind Virendra Sinh Tawde and three others for murder, conspiracy, and terror-related offences under the Unlawful Activities Prevention Act. Another accused, Advocate Sanjeev Punalekar, was charged with destruction of evidence. The accused were allegedly connected to the right-wing religious outfit Sanathan Sanstha. Several witnesses have been examined in the case.
Case Title: Mukta Dabholkar And Anr. v. CBI And Ors. SLP(Crl) No. 6539/2023
Summary:
- A Division Bench of Supreme Court resumed hearing on a plea challenging Bombay High Court’s refusal to continue monitoring the Narendra Dabholkar murder case.
- The Bench granted two weeks to the petitioner’s counsel for filing additional documents.
- Issues raised include incomplete CBI investigation and alleged interconnection between the murders of Dabholkar and other activists.
- High Court’s observation regarding ongoing trial and refusal to monitor investigation questioned.
- Status of the investigation and trial was provided by the ASG.
- The case pertains to the murder of rationalist and social activist Narendra Dabholkar in 2013.
- In 2021, charges were framed against the accused, who are allegedly connected to Sanathan Sanstha.
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