Mumbai: The Bombay High Court on Friday declined urgent relief to the family of Shiv Sena (UBT) leader Pradeep Purnekar, who sought the transfer of the investigation into his murder from the Special Investigation Team (SIT) to another agency, alleging that crucial evidence was being ignored and the real conspirators were being shielded.
Bombay HC Questions Urgency Of Plea Filed 37 Days After Murder
A vacation bench of Justices Advait Sethna and Ranjitsinha Bhonsale questioned the need for urgent intervention, pointing out that only 37 days had passed since the September 29 murder and that the investigating agency still had more than 45 days to complete the investigation and file its chargesheet.
The court was hearing a petition filed by Mandar Ghodke, a relative of Purnekar and the original complainant in the murder case. The family alleged that the SIT had failed to properly examine evidence submitted by them, including CCTV footage, which they claimed could help establish the role of the alleged political masterminds behind the killing.
Shiv Sena UBT Leader Attacked At Manpada Office On September 29
Purnekar, also known as Balu Purnekar, was a Shiv Sena (UBT) divisional chief in Thane. He was attacked at his office in Manpada on September 29 around 9.30 pm.
“The investigation should be transferred. We are not satisfied with the investigation which is going on right now,” the petitioner's counsel argued.
'Court Cannot Dictate Manner Of Investigation': Bombay HC
The bench, however, said the High Court could not dictate the manner in which an investigation should be conducted.
“It is more than settled law, this court cannot direct the manner in which the investigation has to go on. There are orders deprecating this... You may have a foolproof case. We are not doubting that. But at this stage, for the vacation court to do anything is not possible,” it said.
Special Public Prosecutor Rajeev Chavan defended the SIT, informing the court that five persons had been arrested within 10 days of the murder. He also said the evidence submitted by the petitioners had been sent to the Forensic Science Laboratory for examination.
The arrested accused include prime accused Santosh Kanojia alias Talli, Subhash alias Papya Shinde, Nikhil Yadav, Nitesh Pawar and Amit Singh alias Pallu.
The bench granted the petitioners liberty to mention the matter before the regular bench on the first day after the court vacation.
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