The Bombay High Court on Wednesday dismissed the petition filed by the accused Virendra Singh Tawde in the 2015 murder of Govind Pansare and stated that they have no say in the matter because the High Court is monitoring the investigation and trial in the case.
CPI leader Govind Pansare was killed on his way home from a morning walk in Kolhapur on February 16, 2015, by two unidentified gunmen. He died four days later from bullet wounds.
A division bench of Justices A.S. Gadkari and P.D. Naik was hearing a petition filed by the accused challenging the monitoring of the investigation and trial by the High Court in the case. According to the accused Virendra Singh Tawde, this was delaying the trial against them.
The bench dismissed their plea and stated that, “There is a difference between an accused’s rights when it comes to further investigation. The trial has not been stayed; it is still ongoing. You have no say in the matter of further investigation. You were arraigned as an accused after the chargesheet was filed. Your right to request a speedy trial is distinct from your right to have a say in further investigation of the case. Nothing bad has happened to you as of today, except that you are on trial.”
Advocate Subhash Jha, appearing for the accused, contended they are facing difficulties because the trial has been stalled for more than seven years due to orders issued by the High Court while monitoring the case.
However, the Court stated that, “You do not have a legal right to be heard, at least at this stage.” The court added that, “What we are monitoring is the further investigation, the investigation towards the two-absconding accused.”
After the family requested it, another High Court bench transferred the investigation from the Maharashtra government’s special investigation team to the Maharashtra Anti-Terrorism Squad (ATS) on August 3, 2022.
The agency’s progress was submitted to the Court on Wednesday, as per the Court’s orders. The Court expressed its satisfaction and directed the ATS’s counsel to submit the next progress report in four weeks.
The matter is now listed for a further hearing on March 3, 2023.
