After 9 Yrs Bombay High Court Discontinues Monitoring Anti-Superstition Crusader Narendra Dabholkar’s Murder Probe; Kin Say Masterminds Yet To Be Nabbed

The Bombay High Court on Tuesday refused to continue monitoring the murder probe of anti-superstition crusader Narendra Dabholkar, who was shot dead for ideological reasons on his morning walk in 2013.

“…No further monitoring is required,” the division bench of Justices Ajay S Gadkari and Prakash Naik said while disposing of two petitions, one filed by Dabholkar’s kin.

Dabholkar’s daughter – Mukta- had approached the High Court in 2015 through Advocate Abhay Nevagi, who had requested the court to continue overseeing the probe at least for the next six months, and emphasized that the masterminds of the crime were yet to be arrested.

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. Since then several witnesses have been examined in the case.

"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 Nevagi 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.

Additional Solicitor General Anil Singh for the CBI submitted their stand in a sealed envelope to the court.

During the hearing Nevagi emphasized that the masterminds in the subsequent killings of CPI leader Govind Pansare, Kannada writer MM Kalburgi and journalist Gauri Lankesh are the same. However, the judges opined that though the weapons may be similar, but every crime is different. "But the brain is one. They are interconnected," said Nevagi.

"People are killed only because 'I don't like their ideology," he added. Nevagi emphasized that Dabholkar was against superstitious practices, Pansare had written a book on Shivaji Maharaj, Kalburgi propagated separation of Lingayats from Hindus and Lankesh was disliked for her views.

Significantly Nevagi said that the Anti-Terrorism Squad has recently taken over the probe in Pansare’s case and its finding will be crucial. He urged the high court to continue monitoring at least for the next six months.

Advocates Ghanshyam Upadhyay and Subhash Jha, for the accused Vikram Bhave and Virendra Tawade, argued that when a petition is pending in the high court, it has an effect on the trial. However, the High Court was clear they did not have locus in this petition.

Case Title: Mukta Dabholkar vs CBI

Citation: 2023 LiveLaw (Bom) 201

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