Court denies CBI custody of Kalaskar

The special court for Unlawful Activities (Prevention) Act on Wednesday rejected the Central Bureau of Investigation’s (CBI’s) request seeking the custody of Sharad Kalaskar, one of the alleged shooters named in the murder of rationalist Narendra Dabholkar.

The CBI reasoned that it was during their interrogation of Sachin Andure — the other accused in the Dabholkar case — that Kalaskar’s involvement was revealed and hence, they required his custody. The agency also said they were the ones who named Kalaskar as the second shooter on August 20.

The court had earlier remanded Kalaskar in the custody of the Maharashtra Anti-Terror Squad (ATS) and observed there would be a legal complication to get the transfer done.

Special judge VS Padalkar said it would not be possible for the CBI to get Kalaskar directly transferred to its custody but only after he is remanded in judicial custody in the case registered against him by the ATS.

The judge also reprimanded the agency for their delay in seeking Kalaskar’s custody. The court observed that the CBI, which had obtained a transfer warrant from the Judicial Magistrate First Class (JFMC) in Pune on August 23 and it was “obligatory on part of CBI to move before this court on August 24 onwards immediately by submitting the present application for handing over custody of Kalaskar.”

There was no explanation given by the agency, the court said, on what action they took in those five days since obtaining the warrant before they submitted their application for transfer of custody.