Dr Narendra Dabholkar's Family Moves Bombay HC Challenging Special Court Order Acquitting Three Out Of Five Accused Persons In His Murder

The family members of slain rationalist Dr Narendra Dabholkar moved the Bombay High Court challenging the judgment of a special court convicting only two out of the five accused persons for his murder on August 20, 2013, in Pune.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan admitted the appeal and also issued notices to the accused - Virendrasinh Tawade, Sachin Andure, Sharad Kalaskar, Advocate Sanjiv Punalekar and Vikram Bhave, the prime accused in the case, who are allegedly the members of the right-wing groups - Sanatan Sanstha and Hindu Janjagriti Samiti.

The bench also issued notice to the State of Maharashtra and the Central Bureau of Investigation (CBI) and both the respondents waived the same. The appeal has been filed through advocate Vivek Patil.

Notably, a special court by a judgment delivered on May 10, 2024, had convicted Sachind Andure and Sharad Kalaskar under charges of murder (section 302) and common intention (section 34) of the Indian Penal Code. The Court had acquitted the other co-accused from charges of murder, common intention, and criminal conspiracy (section 120B). It had also not convicted any of the five accused for terrorist acts (section 16) of the Unlawful Activities (Prevention) Act (UAPA) and the relevant provisions of the Arms Act.

In its appeal, the family has pointed out specific findings by the special court which concluded that the accused had a motive to kill Dabholkar, some of them hatched a conspiracy to eliminate him etc yet in its final conclusion, "erred" in convicting the accused under the relevant provisions of the IPC and other statutes.

"The Special Court failed to consider that there is sufficient material produced in record by the investigation agencies which establishes beyond reasonable doubt that all the Accused were involved in hatching criminal conspiracy for committing murder of Dr Dabholkar," the appeal states.

Further, the family has alleged that the special failed to properly appreciate the evidence with regard to the applicability of the UAPA law in the present case. It has, therefore, urged the High Court to convict all the five accused for charges of murder, criminal conspiracy and under relevant provisions of the UAPA and the Arms Act.