Can’t Monitor Murder Probe Forever: Bombay High Court To Rationalist Narendra Dabholkar’s Kin

A division bench of Justices A S Gadkari and P D Naik was hearing a 2015 petition filed by Dabholkar's daughter Mukta Dabholkar seeking that the court continue to monitor the investigation.

Dabholkar, championing the anti-superstition cause through his organisation Andhashraddha Nirmulan Samiti was shot dead by two bike-borne men on a morning walk in Pune on August 20, 2013.

In 2014, the court transferred the probe to the CBI from Pune police following a petition by activist Ketan Tirodkar and later by Mukta Dabholkar. Since then, the court has been monitoring the progress in the case.

In 2021, the special Pune court framed charges against alleged mastermind Virendra Sinh Tawde and charged him, along with three others for murder, conspiracy and terror-related offences under the Unlawful Activities Prevention Act. The fifth accused Advocate Sanjeev Punalekar was charged with destruction of evidence.

The accused were allegedly connected to the right-wing religious outfit Sanathan Sanstha.

On Wednesday, lawyers of two accused who have intervened in the petition submitted that the court cannot continue monitoring the case as the charge sheet has been filed and trial has begun. 

Prime facie, the court agreed and sought the petitioner’s response. "There cannot be perpetual monitoring. Some monitoring is fine but law is clear that when a charge sheet is filed, the rights of the accused are to be considered," the court observed.

Advocate Abhay Nevagi, appearing for Mukta Dabholkar, however, argued that the CBI is yet to trace the motorcycle and weapons used in the crime. He pointed out that according to the CBI’s statement in the supplementary chargesheet, the investigation is continuing.

The court then sought to know the CBI’s stand on keeping the petition pending. "The agency has to tell us what is the stage at which the case is, and what the agency proposes to do," it added.

During the afternoon session Additional Solicitor General Anil Singh appeared for the CBI and submitted that the earlier investigating officer retired in December 2022 and a new IO has been appointed only recently, therefore he needs some time to make a statement.

The court granted them two weeks and adjourned the matter.