Congress leader’s murder: Mumbai court rejects plea for inquiry against CBI prosecutor

An accused had alleged that he saw the central agency’s prosecutor in the hotel lobby with the victim’s son

charul.shah@htlive.com

The court rejected his pleas after finding that it contained “vague” allegations.

A special Central Bureau of Investigation (CBI) court has rejected the plea filed by former corporator Mohan Shukla – an accused in Congress leader Pawanraje Nimbalkar’s murder case – for preserving CCTV footages of the lobby of a five-star hotel in Mumbai, alleging that the central agency’s prosecutor had stayed at the hotel where bookings were made by the victim’s son.

Nimbalkar was shot dead at Navi Mumbai in 2006.

Shukla had claimed that the Nimbalkar family had been influencing the trial, and it was only due to their pressure that one of the accused had turned approver. Shukla had also pleaded that the deposition of the approver be deferred till the time an appropriate inquiry is made into the CBI prosecutor’s stay at the five-star hotel.

In his plea, Shukla had claimed that on April 5, the prosecution examined the approver before the court and his evidence was recorded. Further examination of the approver was scheduled for the next day. After the court hearing, when he went to a five-star hotel to discuss the case with his lawyer, he was shocked to see the special public prosecutor in the hotel lobby with the victim’s son.

He alleged that the trial in the case was “being conducted by CBI through its public prosecutor solely on the instructions of the victim’s sons – Jai Prakash and (Shiv Sena Member of Parliament) Om Prakash – which is nothing short of a coup being played upon to falsely implicate all the accused.”

The court rejected his pleas after finding that it contained “vague” allegations.

“It is seen that though the application has been filed on affidavit, no material has been placed on record in support of the application. However, it appears that accused No 3 [Shukla] is trying to collect the evidence at the hands of this court,” the special court said in its order, rejecting Shukla’s plea.

The court also rejected Shukla’s allegations that an accused had agreed to become approver under pressure.

“Can’t consider plea for nod to die by suicide”

The special CBI court also rejected a plea by Pintu Singh Choudhary – another accused in the case – seeking permission to end his life in prison as he was suffering from anxiety due to the “protracted trial and inordinate incarceration”.

Choudhary – one of Nimbalkar’s alleged shooters – had written to the court to either transfer him to Siwan Central Jail in Bihar, where he has a case pending trial or conduct the trial in the murder case on day-to-day basis or allow him to end his life by his own consent.

He claimed that he had been languishing in the prison for the past 12 years, thereby violating his right to speedy trial. He further alleged that he is very frustrated and his non-production in the court is causing severe anxiety to him, making him suicidal as his family is completely ruined due to his long incarceration.

The plea was opposed by prosecution on the grounds that he cannot be transferred to Bihar as it will hamper the probe. Instead, the prosecution suggested: “The court may direct Arthur Road Jail authorities to refer the accused to the medical board to take such steps to ensure that the mental condition of the accused remain stable and that the jail authorities may be directed to keep a close surveillance/watch on the activities of the accused, so that he does not harm himself by taking any adverse steps.”

The court, while rejecting his plea, observed that due to second wave of the Covid-19 pandemic, his further examination-in-chief could not be recorded till today. The courts in Mumbai have now started functioning regularly and the prosecution is also ready to conduct the trial on a day-to-day basis. Further, the court said his prayer to die by suicide cannot be considered and is liable to be rejected.