Mumbai: The Bombay High Court has ordered the transfer of defamation suits filed by right-wing group Sanatan Sanstha against Hamid Dabholkar, son of slain rationalist Dr. Narendra Dabholkar, and several journalists from Goa to Maharashtra. The court observed that the apprehensions of threat raised by the petitioners appear “reasonable and genuine.”
Background of Defamation Suits
Sanatan Sanstha, headquartered in Ponda, Goa, had filed multiple defamation suits in 2017 and 2018 against Hamid and other journalists. The organisation alleged that they had made or published false and defamatory statements that damaged its reputation. These cases were being heard before the Ponda court.
Petitioners Seek Transfer Over Safety Fears
However, Hamid and the journalists approached the High Court seeking transfer of the proceedings outside Goa, expressing fears for their safety if the trials were to continue in Sanstha’s stronghold. They cited the killings of Dabholkar and other outspoken critics of the group — activist Govind Pansare, scholar M.M. Kalburgi, and journalist Gauri Lankesh — and argued that they too could face similar danger.
HC Recognises Threat and Orders Transfer
Justice Jamadar, hearing the matter on Wednesday, accepted the concerns. He remarked: “If the animosity bordering on enmity between the Sanatan Sanstha and the applicants is considered, then the apprehension raised by the petitioners in their pleas are reasonable and genuine.” He further noted that “the command of dictate of justice would be better saved if the suits are transferred from the court at Goa to a court in Maharashtra.”
Defamation Suits to Be Heard in Kolhapur
The judge directed that the defamation suits be transferred to a court in Kolhapur “in the interest of justice.” However, at the request of the Sanstha, the High Court stayed the operation of its order for six weeks.
Court Refers to Dabholkar Murder Trial Findings
In support of its ruling, the court referred to findings in the murder trial of Dabholkar. The Pune sessions court had convicted two men for their role in the 2013 killing. Its judgment recorded that Sanatan Sanstha and affiliated groups had bitterly opposed Dabholkar’s anti-superstition campaigns. Prosecution witnesses had also established the accused’s connections with the Sanstha.
Applicants’ Vulnerability Highlighted
Justice Jamadar pointed out that the sessions court had concluded there was “reliable evidence” that the Sanstha opposed Dabholkar, and further noted that even the Central Bureau of Investigation had failed to unearth the mastermind behind the assassination. “These findings of the sessions court appear sufficient to instill a sense of fear in the minds of the applicants,” he said.
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Historical Murders Lend Gravity to Safety Concerns
Hamid, who had testified as a prosecution witness in the Dabholkar trial and continues to criticise the Sanstha’s ideology, remains particularly vulnerable, the court observed. The judge also underscored that the murders of Pansare in February 2015, Kalburgi in August 2015, and Lankesh in September 2017 — all of whom opposed similar ideologies — “lend gravity to the situation.”
