The Indore bench of Madhya Pradesh High Court on Friday directed Central Bureau of Investigation (CBI) to probe the disappearance of Dilip Patidar, a witness to the conspiracy of Malegaon blast, who has not returned since Maharashtra Anti Terrorism Squad (ATS) team took him to Mumbai for interrogation from his rented house here on the intervening night of November 10-11, 2008.
The direction to CBI to probe Dilip’s disappearance came after 40-odd hearings held at Indore High Court bench. The bench of Justice Shantanu Kemkar and Justice Prakash Shrivastav issued the directive on the plea made by Ramswaroop Patidar, the elder brother of Dilip, who had filed a habeas corpus petition.
“While giving directions for a CBI investigation, the court has ordered to list the matter after eight weeks,” Ramswaroop’s counsel Ritu Bhargav told Hindustan Times. Though the CBI had expressed inability to probe the whereabouts of Dilip stating that it was busy probing cases of corrupt officials, Ramswaroop, a farmer from MP’s Shajapur district, about 120 kilometres from here, had pressed for the CBI inquiry, stating that no separate investigation would be required to trace Dilip’s disappearance as the CBI was already investigating the Malegaon blast.
He had also said that a third, independent agency is required to trace Dilip’s wherabouts specially when the Maharashtra ATS and MP police have failed to find him.
ATS had told High Court that Dilip’s family members were in touch with him and the family’s contention that Dilip has either died as a result of torture inflicted on him by ATS or is still in its custody is an attempt to derail the investigation.
The Maharashtra ATS through counsel Vaibhav Bagade had also told High Court that Dilip Patidar was set free within a week of being taken to Mumbai, as he was told to get his photo identity proof from Indore for further proceedings. Among others, Dharmendra Bairagi, Shyam Sahu, Dilip Nahar, Shivnarayan Kalsangra and Dilip Patidar were picked up by Maharashtra ATS from Indore in connection with Malegaon blast case in 2008.
Of them, Dilip Nahar, Dilip Patidar and Dharmedra Bairagi were released while Shyam Sahu, Shivnarayan Kalsangra are in jail along with Sadhvi Pragya.