HC stops monitoring probe in Dabholkar murder case

Justice A S Gadkari and Justice P D Naik, who were hearing the petition filed by Dabholkar’s children, Mukta and Hamid Dabholkar, in 2015, requesting the HC to monitor the probe (first by the Maharashtra police and later the CBI), had concluded the hearing on March 31. It pronounced its order on Tuesday.

MUMBAI: The Bombay high court has discontinued the monitoring of the probe in the murder of slain rationalist Dr Narendra Dabholkar, observing that the trial in the case had already commenced against five accused persons. The court added that as the Supreme Court had held that once a trial commenced and the chargesheet was submitted, it was for the trial court to direct or monitor the probe if the need arose, and hence there was no need for the HC to continue monitoring the probe.

Advocate Abhay Nevagi for the petitioners had submitted that the murders of Dr Dabholkar, Govind Pansare, Gauri Lankesh and M M Kalburgi and the Nallasopara arms haul case were inter-connected and had one main mastermind who had not been arrested yet, and hence the HC should continue monitoring the probe which it started doing in 2015. Nevagi had submitted that it was because of the court’s monitoring and supervision that the investigation agencies had complied with all orders. (Getty Images)

Justice A S Gadkari and Justice P D Naik, who were hearing the petition filed by Dabholkar’s children, Mukta and Hamid Dabholkar, in 2015, requesting the HC to monitor the probe (first by the Maharashtra police and later the CBI), had concluded the hearing on March 31. It pronounced its order on Tuesday.

Advocate Abhay Nevagi for the petitioners had submitted that the murders of Dr Dabholkar, Govind Pansare, Gauri Lankesh and M M Kalburgi and the Nallasopara arms haul case were inter-connected and had one main mastermind who had not been arrested yet, and hence the HC should continue monitoring the probe which it started doing in 2015. Nevagi had submitted that it was because of the court’s monitoring and supervision that the investigation agencies had complied with all orders.

Meanwhile, two accused in the case had filed interim applications seeking discontinuation of the monitoring and stated that as the trial had commenced, further monitoring by the HC would influence the trial court and hence it should be stopped. Advocates Ghanshyam Upadhyay and Subhash Jha had appeared for the accused.

During earlier hearings, the HC bench had been informed by additional solicitor-general Anil Singh for the central agency that an Investigation Completion Report had been forwarded to the CBI headquarters. The court was also informed that the trial had commenced, that 18 of the 33 witnesses had been examined and only five remained to be examined.

“It is thus clear that the investigation of the present crime has already been completed and the trial of it is steadily progressing. As of March 29, 2023, the prosecution had already examined 18 witnesses. Even as per the submissions of the learned counsel for the petitioners, the monitoring of the present crime is necessary only for the purpose of tracing out the alleged mastermind behind the aforestated four murders,” said the bench in its order.

The SC has held that once a trial commences, it is for the trial courts to take cognisance of the same and deal with it. Hence, considering the facts of the case, the bench held that further monitoring on the investigation of the crime was not necessary and hence the petition was disposed of.