Lawyer opposes Dabholkar kin’s appeal against his acquittal

MUMBAI: Advocate Sanjiv Punalekar challenged the appeal against his acquittal in Dr Dabholkar's murder, citing lack of prior government sanction.

MUMBAI: Advocate Sanjiv Punalekar on Tuesday took objection to an appeal challenging his acquittal in Dr Narendra Dabholkar murder case, contending that the family members of the victim did not have prior government sanction to file the appeal.

Lawyer opposes Dabholkar kin’s appeal against his acquittal

Advocate Jyoti Ghorpade, appearing on behalf of Punalekar, informed the bench of justice Sarang Kotwal and Shriram Modak that the appeal filed by Mukta Dabholkar against his acquittal was not maintainable.

Ghorpade told the court that Mukta Dabholkar had approached the court in an appeal under Section 372 of the Code of Criminal Procedure, 1973, as opposed to Section 21 under the National Investigation Agency (NIA) Act, 2008. Ghorpade pointed out that all proceedings under the NIA Act, 2008, needed state sanction and must be lodged under 30 days of the judgement.

In May 2024, PP Jadhav, a specially appointed judge under NIA Act, 2008, while convicting two shooters, acquitted Punalkar, Dr Virendrasin Sharadchandra Tawade, and Vikram Vinay Bhave, all linked to Sanatan Sanstha, and accused of conspiring to kill the rationalist. The court had cleared the trio of all the charges leveled against them due to lack of cogent evidence against them.

In August, Dabholkar’s daughter, Mukta, had approached the high court appealing against the acquittal of the trio. According to the plea, the conspiracy to kill Dr Dabholkar was hatched by the acquitted trio and executed by the convicted duo due to ideological differences between Sanatan Sanstha and views expressed by the rationalist.

Advocate Sandesh Shukla, appearing on behalf of Mukta Dabholkar, stated that they had written to the Central Bureau of Investigation (CBI) to appeal against the trio’s acquittal, but the CBI did not respond. Hence, the family had to file an appeal under the legal remedy available to them, Shukla said.