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Court Pulls up Maharashtra Police, CBI for Shoddy Investigation in Dabholkar Case
A special CBI court in Pune has sentenced two men to life imprisonment for the murder of rationalist and social worker Narendra Dabholkar 11 years ago. The court, while acquitting three other accused, has criticized the investigating agencies, the Maharashtra police and the CBI, for their failure to conduct a proper investigation and identify the masterminds behind the killing.
The two convicted men, Sachin Prakashrao Andure and Sharad Bhausaheb Kalaskar, were found guilty of murder and common intention under sections 302 and 34 of the Indian Penal Code. The court, however, could not establish the motive for the killing and acquitted the alleged mastermind, Dr. Virendrasinh Sharadchandra Tawade, lawyer Sanjeev Punalekar, and his assistant Vinay Bhave.
In a detailed 171-page judgment, the special CBI judge, Prabhakar P. Jadhav, noted that the acquittal of the three accused was not because they did not play a role in the murder but because the investigating agencies failed to gather sufficient evidence against them. The court also criticized the agencies for procedural lapses in obtaining appropriate sanction orders for prosecution of the accused under the Unlawful Activities (Prevention) Act.
The prosecution had examined 20 witnesses in the case, including two eye witnesses and two close associates of the Sanathan Sanstha, a far-right organization implicated in many terror-related activities. However, the prosecution failed to prove that Dabholkar's killing was an act of terror, a crucial aspect not just in this case but also in the killings of other rationalists and activists that followed.
The court observed that the murder was committed with a well-prepared plan and that the convicted men were not the masterminds. The court noted that the Pune police and the CBI had failed to identify the masterminds and questioned whether it was due to their failure or deliberate inaction.
The chargesheet filed by both the Pune police and the CBI had identified Tawade as the mastermind. However, the prosecution failed to bring forth sufficient evidence against him. The court also noted that the investigating agencies had failed to establish the motive for the killing, despite the testimony of a witness who claimed that Tawade had a personal enmity against Dabholkar.
The court also criticized the defense lawyers' conduct during the trial, noting that they had attempted to justify the attack on Dabholkar by referring to artists and their paintings of Hindu goddesses and questioning witnesses about controversial figures. The court observed that the defense's approach was to tarnish the image of the deceased and justify his killing.
The verdict has raised concerns about the police inaction and the influence of Hindu right-wing groups in the case. Dabholkar's family has announced that they will be contesting the verdict in a higher court.
The Dabholkar case highlights the importance of thorough investigations and the need to hold those responsible for such heinous crimes accountable. It also raises questions about the role of law enforcement agencies in protecting freedom of expression and combating extremism.
Source: Dabholkar Case: Court Pulls up Maharashtra Police, CBI for Shoddy Investigation