Mumbai: The Bombay High Court said it will decide next week whether to continue monitoring the probe in the 2013 killing of rationalist Narendra Dabholkar even as it expressed apprehension on CBI continuing the probe and finding any anomaly.
“It has to be decided. Otherwise this will be unending,” said a bench of Justices Ajey Gadkari and PD Naik.
CBI seeks 4 more weeks to inform court
The Central Bureau of Investigation (CBI) sought four weeks more to inform whether they will continue further investigation in the case. The HC had, last month, asked the central agency to inform what it proposes to do.
The HC was hearing a plea by Dabholkar’s daughter, Mukta Dabhoklar, seeking transfer of probe from local police to the CBI. Her advocate Abhay Nevagi urged the court to continue monitoring the probe saying that the CBI has not investigated the case properly and there are many loopholes that are yet to be probed.
Additional Solicitor General Anil Singh told the bench on Monday that they required four weeks more to decide whether there is need to continue the probe.
Accused's lawyer requesting court to dispose of petition
Advocates Ghanshyam Upadhyay and Subhash Jha, appearing for some of the accused, requested the court to dispose of the petition as there was no requirement for the court to monitor the probe since the chargesheet was already filed in the case.
Jha asked whether the petition could be kept pending for indefinite period of time.
To this, the bench remarked what if they dispose of the petition and the CBI decides to conduct further investigation. “Suppose we dispose of the petition and the CBI director decides to conduct further investigation. And what if there is an anomaly?” asked justice Gadkari.
Singh said that whether the court continues to monitor the probe or not, it will investigate as per the law.
When Jha pointed out that the first chargesheet was filed in the case 2019 and last chargesheet in 2019, the court asked petitioner’s advocate to propeare a chronology of events and kept the matter for hearing on March 31.
Dabholkar murder
Dabholkar, 67, the founder of the Maharashtra Andhashraddha Nirmoolan Samiti, an anti-superstition organisation, was shot dead by two motorcycle-borne assailants while on a morning walk in Pune on August 20, 2013. He was shot by persons allegedly linked to the radical outfit Sanatan Sanstha.
The CBI, which took over the case from Pune city police in 2014, has charge-sheeted five accused in the case – Tawade, Sachin Andure, Sharad Kalaskar, Vikram Bhave and advocate Sanjeev Punalekar.
