E-Paper
Narendra Dabholkar murder case: Court hearing adjourned until September 3
The defence counsel for Vikram Bhave, arrested in connection with the murder of rationalist Dr Narendra Dabholkar, founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), has sought clarification about the forensic report from the director of Forensic Science Laboratory (FSL), Gujarat and requested that if at all the report is filed, the same be taken on record before the sessions court here in Pune
The defence counsel for Vikram Bhave, arrested in connection with the murder of rationalist Dr Narendra Dabholkar, founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), has sought clarification about the forensic report from the director of Forensic Science Laboratory (FSL), Gujarat and requested that if at all the report is filed, the same be taken on record before the sessions court here in Pune.
On Friday, the court hearing was adjourned until September 3.
Defence counsel Advocate Prakash Silsingikar in his written submission before the court stated, “The investigation of the present case is being monitored by Bombay High Court in Cri Writ Petition No. 3512 of 2015.”
The High Court in its order dated 20.1.2017 expressed displeasure on the conduct of the investigation by CBI and directed this court as follows.
“At this stage, we must also note the fact that the report, now being available for the CBI (the report of the director of FSL, Gujarat), is likely to be placed on the record of the criminal case, and particularly, the sessions case arising out of the murder of Dr Dabholkar. We would expect that when such a report is placed on the file of that case, the learned judge presiding over that court, given the peculiar facts and circumstances and given the sensitive and delicate nature of these investigations, would not disclose any contents of the report straightway, but await further orders and directions from this court. Let, therefore, and if at all the report is filed, the same be taken on record and formally, ” the application stated.
Advocate Silsingikar told HT, “We have moved an application and sought direction from the CBI to clarify whether they are relying on the FSL report by the forensic director, Gujarat or not.”
“In 2017, during the high court writ petition, they had filed the document in sealed condition and at that time HC directed them not to furnish it in the court unless directed by the high court. This report is important for bail argument and framing of charges. Initially, the court refused and thereafter it directed the public prosecutor to bring the said document if they have,” he said.
It is submitted that forensic report is one of the most important documents and should be before the court as well as provided to the accused along with the charge sheet before charges are framed to ensure that the trial is conducted fairly and transparently and therefore, this court be pleased to record that the prosecution does not want to rely on the forensic report referred to in the 20.1.2017 order and in case CBI wants to rely on the same, CBI be directed to procure necessary orders from the Bombay High Court in connection with the order dated 20.1.2017, the application requested.
Dr Dabholkar ( 67) was shot dead by two unidentified assailants while he was on a morning walk on the VR Shinde bridge near Omkareshwar temple in Pune on August 20 in 2013.
The prosecution and defence lawyers in the murder case are expected to begin their arguments about the framing of charges against the five accused.
Of these, three accused have been imprisoned in the case under sections 302 (murder), 120(b) (criminal conspiracy), 34 (common intention) of the Indian Penal Code along with section 3(25) of the Arms Act, including Dr Virendrasinh Sharadchandra Tawade, Sachin Prakashrao Andure and Sharad Bhausaheb Kalaskar. The case also includes sections of the Unlawful Activities Prevention Act (UAPA).
The CBI took over the probe from Pune city police in 2014, has till now charge-sheeted five accused, all of them allegedly linked to the rightwing outfit Sanatan Sanstha. These include ENT surgeon Dr Tawade, two alleged assailants Sachin Andure and Sharad Kalaskar, Mumbai-based lawyer Sanjeev Punalekar and his aide Vikram Bhave, who were arrested at different times between 2016 and 2019. Of these, Tawade, Andure and Kalaskar are currently in jail while Punalekar and Bhave are out on bail.
“Accused have produced an application in which they have made a request that prosecution should declare whether we are relying on the forensic report of Gujarat. We told the court we have to take instructions from the investigating officer. The court said that this is a primary stage and the arguments had to be advanced for framing of the charges. There were two bail applications pending-one in the high court and the other in sessions court related to Dr Tawade. Court had asked for withdrawal of one of the two applications and then the matter was adjourned for hearing on framing of charge,” special public prosecutor Prakash Suryanvanshi told the court.
