The Supreme Court recently heard a plea challenging the Bombay High Court’s refusal to continue monitoring the murder investigation of a social activist Narendra Dabholkar.
A Bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah has asked the petitioner to serve the CBI with a copy of the plea and the Bombay High Court’s ruling.
During the brief hearing, Senior Advocate Anand Grover, appearing for the petitioners, cited the CBI’s assertion that the investigation into the two absconding accused is ongoing, and that further investigation is underway to catch the other accused involved in the bigger conspiracy. He further claimed that the absconding persons had not yet been arrested.
He also cited paragraph 8 of the High Court decision, which said that the CBI needed extra time to complete its investigation.
“The High Court cannot monitor investigation after investigation,” said the Bench.
“We are not asking that they monitor the trial. I’m not that,” Grover replied, adding that “particular progress” had been made in the case but not on the bigger conspiracy angle.
“We want the CBI’s investigation to be completed, and the HC should supervise until that happens,” he further added.
“Your point is that the CBI should conclude its investigation so that the trial can begin?” the Court inquired, to which Grover agreed.
“Is the CBI wanting more time for a joint trial?” the Bench inquired.
The matter is listed for further consideration on second week of July.
On August 20, 2013, Dabholkar, a rationalist and social activist, who was promoting the anti-superstition cause through his NGO, Andhashraddha Nirmulan Samiti, was shot dead by the extremists on a morning walk in Pune by two bike-riding men.
Dabholkar’s daughter, Mukta Dabholkar moved before the High Court in 2015 through Advocate Abhay Nevagi, who asked the court to continue overseeing the investigation for at least the next six months, emphasising that the masterminds of the crime had still to be apprehended.
Following a plea by activist Ketan Tirodkar and then by Mukta Dabholkar, the court shifted the investigation from Pune police to the CBI in 2014. Since then, the court has been keeping an eye on the case’s progress.
In 2021, a special Pune court framed charges against alleged mastermind Virendra Sinh Tawde and three others with murder, conspiracy, and terror-related offences under the Unlawful Activities Prevention Act (UAPA). Sanjeev Punalekar, the fifth accused, was charged with evidence destruction.
The defendants allegedly have ties to the right-wing religious organisation Sanathan Sanstha. Several witnesses have been questioned in the case since then.
