The Bombay High Court on Tuesday refused to continue monitoring the murder investigation into anti-superstition crusader Narendra Dabholkar, who was shot dead on his morning walk in 2013 for ideological reasons.
“No further monitoring is required,” the division bench led by Justices Ajay S Gadkari and Prakash Naik stated while disposing of two petitions, one filed by Dabholkar’s kin.
Dabholkar’s daughter, Mukta Dabholkar had approached before the High Court in 2015 through Advocate Abhay Nevagi, who had requested the court to continue overseeing the investigation for at least the next six months, highlighting that the masterminds of the crime were yet to be arrested.
On August 20, 2013, Dabholkar, who was promoting the anti-superstition cause through his NGO Andhashraddha Nirmulan Samiti, was shot dead on a morning walk in Pune by two bike-riding men.
Following a plea by activist Ketan Tirodkar and then by Mukta Dabholkar, the court transferred the investigation from Pune police to the CBI in 2014. Since then, the court has been monitoring 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. 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.
“There can’t be continuous monitoring. Some monitoring is acceptable, but the law states that when a charge sheet is filed, the accused’s rights must be addressed,” the court stated.
According to Advocate Nevagi, the CBI has yet to locate the motorbike and weapons used in the crime. He highlighted that the probe is ongoing, citing the CBI’s statement in the supplementary chargesheet.
The CBI’s stand was submitted to the court in a sealed envelope by Additional Solicitor General Anil Singh.
During the hearing, Nevagi highlighted that the masterminds in the subsequent murders of CPI leader Govind Pansare, Kannada writer MM Kalburgi, and journalist Gauri Lankesh were the same. However, the judges stated that while the weapons may be similar, each crime is different. “However, the brain is one. “They are linked,” Nevagi stated.
“People are killed only because ‘I don’t like their ideology,” he added. Nevagi highlighted that Dabholkar was opposed to superstitious practises, Pansare wrote a book about Shivaji Maharaj, Kalburgi propagated separation of Lingayats and Hindus, and Lankesh was disliked for her beliefs.
Significantly, Nevagi stated that the Anti-Terrorism Squad has recently taken over the investigation in Pansare’s case, and the results will be critical. He requested the High Court to continue monitoring for at least the next six months.
For the defendants Vikram Bhave and Virendra Tawade, lawyers Ghanshyam Upadhyay and Subhash Jha contended that while a petition is pending in the high court, it has an effect on the trial. However, the High Court stated unequivocally that they did not have locus in this petition.
