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Dabholkar case trial nears completion, justice for rationalist in sight after 10 years?
The trial in the murder case of Indian rationalist Dr Narendra Dabholkar is nearing completion, but the mastermind behind the killing remains at large. The case, which occurred 10 years ago, has been plagued by contradictions and confusion, and the investigation has been delayed due to a change of judge. The trial is currently being conducted under the Unlawful Activities (Prevention) Act, and the next hearing is scheduled for August 21. Five accused individuals have been charged in the case, but the murder weapon has not yet been recovered. The murder of Dr Dabholkar is believed to be linked to the killings of other rationalists in India.
Ten years ago, on August 20, 2013, when rationalist Dr Narendra Dabholkar was shot dead by two unidentified persons, it shook the country. A decade later, the investigation into the case has been dogged by contradictions and confusion even as the trial is nearing completion and the mastermind in the case is still at large.
According to the prosecution, the court has so far recorded statements of 22 witnesses and retired Central Bureau of Investigation (CBI) official SR Singh is deposing before the court. After Singh’s deposition, the prosecution will complete another process of submission proof followed by statement of accused to be recorded by court. This will follow the final arguments between the prosecution and the defence before the case reaches the final stage, according to advocate Prakash Suryavanshi, the counsel appearing for the CBI.
“After I complete the submission of proofs before the court, the recording of accused statement will take place followed by arguments. It will take some more time for the verdict as the case is well under control,” Suryavanshi said.
Judge changed
According to Suryavanshi, the depositions had halted some time ago because the judge hearing the case was transferred.
Because of the transfer of special Unlawful Activities (Prevention) Act (UAPA) court judge SR Navandar, a new judge came in the place who was not having the power to conduct the case under the Act. The case is now before special judge PP Jadhav who has the power to conduct the court under Section 21 B of the UAPA Act which reads that a criminal court having jurisdiction under the court to try the offence under this act includes a special court constituted under the National Investigation Agency (NIA) Act, 2008.
The Jadhav court under the NIA Act will conduct the case and the next hearing will take place on August 21.
‘Masterminds still at large’
The court is conducting trial against five accused – Sanchin Andure, Sharad Kalaskar, VirendraSingh Tawade, Sanjeev Punalekar and Vikram Bhave. While Andure and Kalaskar have been accused by the CBI as shooters, the masterminds of the case, according to Dr Dabholkar’s son Hamid, are still at large.
“The central agency is yet to arrest the masterminds behind the murder and it’s unfortunate that they have not been arrested ten years after his death. The CBI has informed the court that they had finished the investigation and after that the HC has decided not to monitor the probe which has been challenged by us in the Supreme Court,” said Hamid Dabholkar.
The incident
Dr Dabholkar, while on a morning walk, was shot dead by two motorcycle-borne assailants near Omkareshwar Bridge in Shaniwar Peth on August 20, 2013. The case trial is nearing its completion and five accused have already been charge sheeted by the CBI. The rationalist, founder of Maharashtra Andhashraddha Nirmulan Samiti (MANS), dedicated his life for eradication of social evils, religious superstition and caste system.
His murder followed killing of senior communist leader Govind Pansare in February 2015, Kannada Scholar MM Kalburgi in August 2015 and outspoken activist journalist Gauri Lankesh in September 2017. Investigating agencies believe there is a common link and possible use of same weapon to assassinate the rationalists. Dr Dabholkar’s murder was initially probed by Pune Police and later taken over by the CBI in June 2014.
However, the investigating agency has still not been able to recover the murder weapon, a pistol used by the assailants to assassinate Dr Dabholkar.
Former CBI official Singh during his cross examination informed the trial court on April 12, 2023, that the efforts to recover the “murder weapon” used in the crime were unsuccessful despite charge sheet submitted against all the arrested accused in November 2019.
Earlier, the CBI had hinted that the murder weapon it claimed to have extracted from the Thane creek was later found to not match with the one used to kill Dabholkar.
The arrests
The first arrests in the case were made by the city police immediately after murder with firearms supplier Manish Nagori, and his aide Vilas Khandelwal apprehended by the crime branch on January 20, 2014. The duo was later let off in the absence of evidence.
Even as the city police erred while investigating the case by arresting Nagori and Khandelwal, the CBI later had two contradictory versions before the court regarding who opened fire at Dr Dabholkar.
The CBI had first arrested Sanatan Sanstha member and ear-nose-throat (ENT) surgeon Dr Virendrasinh Tawade in the Dabholkar murder case on June 10, 2016 based on a witness statement by a Hindutva activists. Later, during September 2016, the central agency submitted charge sheet against Tawade in which it named two Sanatan Sanstha members Sarang Akolkar and Vinay Pawar as shooters who gunned down the rationalist.
However, in its supplementary charge sheet submitted in Pune court during February 2019, the agency alleged that Sachin Andure and Sharad Kalaskar are the shooters in the Dabholkar murder case.
Defence lawyer Prakash Salsingikar said, “The cross examination of the retired CBI officer has been kept on August 21 which will take between three to four hearings. Then an accused statement cross will take place. Almost eighty per cent of the case hearing is complete.”
