HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal
Mukta’s plea contends that the sessions court order failed to consider evidence that ‘establishes beyond reasonable doubt’ a larger conspiracy involving all the accused
Narendra Dabholkar
| Photo Credit: File Photo
The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation (CBI) while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar.
On May 10 this year, a sessions court in Pune had convicted two accused, Sachin Andure and Sharad Kalaskar, sentencing them to life imprisonment in the murder case. However, three others, Virendrasinh Tawde, Sanjeev Punalekar, and Vikram Bhave, were acquitted of charges, including criminal conspiracy under the Indian Penal Code, and terrorist acts under the Unlawful Activities (Prevention) Act, and the Arms Act. The judgment came after a trial that lasted nearly three years.
Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable doubt” a larger conspiracy involving all the accused. She argued against the order of acquittal citing sufficient material produced by the probe agencies.
“It is a settled law that extrajudicial confessions, if voluntary and truthful, can be sufficient evidence to base conviction of the accused, even if it is not corroborated by additional independent evidence,” the plea stated.
The petition also said the sessions court failed to appreciate that in such cases, “where several people are involved in criminal acts for a common object, availability of direct evidence is rare”.
Advocate Abhay Nevagi, for Ms. Mukta, contended that “the killing was a well-planned murder involving a larger conspiracy”.
Dabholkar, 69, was shot dead on August 20, 2013 while on a morning walk in Pune. His murder sparked widespread outrage and led to a prolonged investigation and trial.
The petition also mentioned that the sessions court in its order failed to acknowledge that the two convicted individuals were members of a right-wing group and the three acquitted persons were also associated with it.
“The accused persons hatched this conspiracy to eliminate Dr. Narendra Dabholkar, who was expressing his views against Sanatan Sanstha Establishment, Hindu Jan Jagaran Samiti, and other similar organisations. The sanction to prosecute the accused under the UAPA was duly received by the investigating agency and there was nothing on record to suggest that there was any illegality in granting sanction,” the petition read.
The plea said Dabholkar was a crusader against superstition and founded the Maharashtra Andhashraddha Nirmoolan Samiti in 1989. “He was the editor of weekly ‘Sadhana’ and the force behind Andhashraddha Nirmulan Bill, 2005 passed by the Maharashtra government on August 24, 2013. On August 20, 2013, at 7.20 a.m. on Omkareshwar Bridge in Pune, he was shot dead by two unknown persons while he was on a morning walk,” the petition stated.
A Division Bench of Justices Revati Mohite Dere and Prithviraj K. Chavan has posted the matter for further hearing on September 23.
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