Dabholkar murder case: Court frames charges against 5 accused

A special court in Pune, on Wednesday, framed charges against five accused in the murder case of Narendra Dabholkar, after all of them pleaded not guilty

A special court in Pune, on Wednesday, framed charges against five accused in the murder case of Narendra Dabholkar, after all of them pleaded not guilty.

An undated photograph of Narendra Dabholkar who was gunned down by two motorcycle-riding attackers. Court frames charges against 5 accused in the murder case. (AP FILE)

While four will be tried for murder, criminal conspiracy, and terrorism, one will be tried for destruction of evidence.

Additional Sessions Judge SR Navandar (special judge for UAPA cases) asked the five accused – Virendra Sinh Tawde, Sachin Andure, Sharad Kalaskar, Sanjeev Punalekar and Vikram Bhave – if they pleaded guilty, to which all replied in the negative.

With charges framed against these accused, a criminal trial can now begin.

Tawade appeared from Yerawada Central Jail via video conference. Andure appeared from Aurangabad jail and Kalaskar, appeared from Arthur Road jail in Mumbai, also via video conference. The two others - Vikram Bhave and advocate Sanjeev Punalekar, who are currently out on bail, were present in court.

Narendra Dabholkar, a rationalist who was against superstition, was on a walk on the morning of August 20, 2013, near Omkareshwar bridge in Pune when two bike-borne men shot him. In the initial chargesheet filed by the Central bureau of investigation (CBI), who took over the investigation from the state police, Sarang Akolkar and Vinay Pawar were identified as the shooters. In a second chargesheet filed by the CBI, Andure and Kalaskar were identified as shooters.

In both the chargesheets Tawade was found to be the main conspirator. Bhave was accused of helping the two shooters with the reconnaissance, vehicles, and escape route.

Punalekar was found to have advised one of the shooters to dispose of the weapon, after which Kalaskar allegedly threw parts of the weapons in the Thane creek. This information was provided by Kalaskar to the Karnataka police special investigation team (SIT) investigating the 2017 Gauri Lankesh murder in Bengaluru, Karnataka.

“As trial has begun, it would be appropriate that the accused are lodged in the nearest jail i.e., Yerawada Central Jail. The transfer should be done immediately. The SP of Yerawada Central Jail should facilitate the transfer. One week transit time will be allowed,” said Judge Navandar.

“The charges have been framed and the further proceedings will take place starting September 30,” said special public prosecutor Prakash Suryavanshi.

“We request you to please have them be physically present as we are not able to take confidential orders from the client,” said advocate Prakash Shalsingikar, who was appearing for Andure. Kalaskar also expressed his desire to appear in court.

“Five years have passed because of requests of CBI as they had first asked for intervention of Scotland Yard and then by FSL Gandhinagar, Gujarat. And now neither of those things have happened and five years have passed by,” said advocate Virendra Ichalkaranjikar, representing Kalaskar and Tawade.

The three accused lodged in different jails have all expressed anguish about being allegedly kept in the dark about the court proceedings. The court order on September 7, which gave time for the accused to contact family and lawyers, was only worked upon in the last 24 hours, according to two of the accused. Additionally, the discharge applications for Bhave and Punalekar are pending.

Kalaskar and Andure have also been named in the 2017 murder of journalist Gauri Lankesh. Kalaskar was also found to have been involved in the August 2018 Nalasopara arms haul by the Maharashtra Anti-terrorism squad. Bhave has been convicted in a bomb blast case for possession of explosives.

The CBI has also alleged a larger conspiracy by the Sanatan Sanstha, to which all the present accused belong, to kill Dabholkar, Lankesh, and scholar MM Kalburgi in Dharwad, Karnataka in August 2015.

Trial location restrictions due to Covid19

- The court has kept options open for the mode of trial.

- All the jailed accused will be brought to Yerawada Central jail.

- The judge may go to the jail premises…. or

- Accused will appear through video conferencing… or

- Accused will be physically produced in court.

Framing of charges delayed at hearings in past 2 months

- On September 3, for demand of Gujarat FSL

- On Setpember 7, accused asked for time to meet with family and lawyers

- On September 15, accused said meeting was scheduled late so more time was required for discussion

* The judge refused requests by all accused and their lawyer for an extension