Narendra Dabholkar Murder Case: CBI Seeks UAPA, Terror Charges Against Accused, Defence Points Out Contradictions In Probe

The Central Bureau of Investigation (CBI) has urged Special Judge SR Nawandar to charge the accused with offences of murder(302), criminal conspiracy(120B) and under section 16 (committing terror acts) of the Unlawful Activities (Prevention) Act.

Conversely, the defence highlighted glaring contradictions in the prosecution's theory, including conflicting claims about Dabholkar's assailants in CBI's three charge sheets.

Two men shot Dabholkar while he was on his morning walk in Pune, on August 20, 2013.

After the CBI took over the probe in 2014 from Pune police, it arrested five people with alleged links to Sanatan Sanstha. The accused include ENT surgeon Dr Virendrasinh Tawade, the two alleged assassins Sachin Andure and Sharad Kalaskar, Mumbai-based lawyer Sanjeev Punalekar and his aide Vikram Bhave.

Tawade, Andure and Kalaskar are currently in jail, while Punalekar and Bhave are out on bail.

On Friday, CBI's counsel Prakash Suryavanshi relied on statements of five eyewitnesses, a businessman from Kolhapur allegedly provided the country-made pistol to Tawade used in the murder; as well as Dabholkar's family members who have pointed fingers at Sananthan Sanstha.

"The definition of Section 15 of the UAPA is to strike terror in the mind of the society or section of people in the society. So our argument in the present case is that firearms were used to murder Dr. Dabholkar to strike terror among a section of people. Here the group of people are members of the Maharashtra Andhashraddha Nirmulan Samiti [founded by Dabholkar], so Section 16 of UAPA is attracted in the case," he argued.

Suryavanshi pointed out a sketch in Sanatan Sanstha's mouthpiece, 'Sanatan Prabhat', depicting Dabholkar's anti-superstition organization being slain, two days before he was murdered.

Advocate Virendra Ichalkaranjikar opposed the framing of charge. He urged the court to consider all three charge sheets filed by the CBI, including the first one in which absconding Sanatan members Sarang Akolkar and Vinay Pawar were named assailants. Andhure and Kalaskar were arrested much later in 2018.

Ichalkaranjikar said that Akolkar and Pawar have now been cited as eyewitnesses.

He vehemently opposed the framing of charges under UAPA as well. He contended that earlier the CBI had said the Tawde despised Dabholkar and his hate was the motive of the murder.

"So where does the question of terror arise?" he said.

Following these arguments, the matter is now posted for hearing on Tuesday.