Maha can write to Centre for CBI probe into Palghar lynching: SC

With a change in the political dispensation in the state, the Maharashtra government had in November reversed its stand before the apex court by expressing its willingness to hand over the probe into the Palghar lynching case to the CBI.

The Supreme Court on Wednesday said that the Maharashtra government can write on its own to the Centre for a probe into the 2020 Palghar lynching case by the Central Bureau of Investigation (CBI), adding there was no need for the court to pass any order in the wake of state’s willingness on the federal agency to come in.

New Delhi, Jan 10 (ANI): A view of the Supreme Court building, the apex judicial body of India, in New Delhi on Tuesday. (ANI Photo) (Sanjay Sharma)

Two Hindu seers from Juna Akhara were lynched in April 2020 by a frenzied mob in the satellite town of Palghar, close to 100 km from Mumbai.

“If you want the CBI to come in, why should we pass that order? You do it. Let the state refer it to the CBI,” a bench headed by Chief Justice of India Dhananjaya Y Chandrachud told the state counsel as the court took up a clutch of petitions seeking transfer of investigation to the CBI.

The bench, which also comprised justices PS Narasimha and JB Pardiwala, said that it would take up the matter again on April 14 and the state could bring on record an affidavit if it has written to the Union government recommending a CBI probe.

Siddharth Dharmadhikari, standing counsel for the Maharashtra government, said that the state would file its affidavit before the next date of hearing.

With a change in the political dispensation in the state, the Maharashtra government had in November reversed its stand before the apex court by expressing its willingness to hand over the probe into the Palghar lynching case to the CBI.

While the Maha Vikas Aghadi government led by Uddhav Thackeray had in July 2020 opposed the petitions demanding a transfer of the probe to the CBI, the new government headed by Eknath Shinde has submitted that it has no objection to the central agency taking over the probe and the prosecution.

“The petitioners have sought transfer of investigation to the CBI, in as much as according to them, it is imperative for achieving an impartial and independent investigation in the matter...the State of Maharashtra is ready and willing to hand over the investigation to the CBI and would have no objection for the same,” said the state’s affidavit filed in November second week .

It further pointed out that the two charge sheets filed in the case against over a hundred accused and the details of the action taken against the erring policemen have already brought on record through a previous affidavit. The additional affidavit was filed by the state to apprise the bench of the change in the state’s stance in the matter.

While responding to a batch of petitions in July 2020, the Uddhav-government told the court that the CBI probe is not required as “enough has been done” and the case has already been transferred to the specialised unit of the state CID to maintain the complete fairness, independence and transparency in the investigation.

After the state opposed the CBI probe, the court had in August 2020 asked for inquiry reports, details of the investigation and asked the police to submit the charge sheet in the case before it for scrutiny. The case has not been effectively heard in the last two years.

Meanwhile, following a dramatic turn of events sparked off by a group of rebel MLAs led by Shinde, Uddhav resigned on June 29 as state’s chief minister. Shinde, with the support of the Bharatiya Janata Party (BJP), took over as CM on the very next day.

On the night of April 16, Mahant Kalpavruksha Giri and Sushilgiri Maharaj and their driver were travelling from Kandivali in Mumbai to attend a funeral in Gujarat amid the nationwide lockdown. They were lynched by a mob that allegedly suspected them to be child kidnappers after they reached Gadchinchale village in Palghar. Later, some videos emerged showing that a group of policemen had reached the spot but failed to pacify the mob and protect the three victims.

An array of petitioners, including Juna Akhara seers, relatives of the victims and advocate Shashank Shekhar Jha, moved the Supreme Court contending that they have no faith in the Maharashtra government or the local police, and also do not expect a fair and just investigation into the case because of the involvement of policemen in the case. The petition for the Juna Akhara seers was filed in May 2020 through advocate Balaji Srinivasan.

Admitting these petitions, the top court had in May 2020 issued a notice to the Maharashtra government and asked the state to also submit a report regarding the status of the investigation.