The Supreme Court refused to interfere with the Bombay High Court order that denied to continue the court-monitored probe and trial concerning the murder of rationalist and activist, Narendra Dabholkar.
A bench comprising Justices Vikram Nath and Satish Chandra Sharma stated that it was prima facie not inclined to interfere in the matter. However, the Court left it open to the petitioners to provide any material that may be useful for the progress of the case.
The Supreme Court was hearing a plea challenging a Bombay High Court order dated April 18, 2023, whereby the High Court had decided to discontinue supervising the progress in the Narendra Dabholkar murder case.
A Bombay High Court bench of Justices AS Gadkari and PD Naik had observed that further monitoring of the investigation would not be necessary since the chargesheet had been filed and the trial was underway.
Narendra Dabholkar, the founder and head of the Maharashtra Andhashraddha Nirmoolan Samiti, an anti-superstition outfit, was murdered in August 2013, allegedly by members of a radical outfit called Sanatan Sanstha. The Central Bureau of Investigation (CBI) took over the case in 2014 and filed a chargesheet against five persons accused in the murder case.
Senior Advocate Anand Grover, appearing for petitioners who wanted the High Court to continue monitoring the matter, told the Supreme Court that the High Court had stopped monitoring the case before the larger conspiracy angle to the matter could be probed.
Meanwhile, Additional Solicitor General Aishwarya Bhati, appearing for the CBI submitted that the cross examination in the trial was ongoing. ASG Aishwarya Bhati further submitted that the nodal agency would not abandon the case and that the trial was reaching its conclusion.
The trial in the murder case began in September 2021 after charges were framed against all five accused. In 2015, Narendra Dabholkar’s daughter and son moved the High Court seeking the appointment of an independent Special Investigation Team and for the court to monitor the investigation. Following, the High Court has been monitoring the investigation since August 2015.
In December last year, Virendrasinh Tawade, the prime accused in the murder and conspiracy case, moved the High Court with an interim application to discontinue such monitoring. He mentioned that since the trial in the murder case has commenced, the High Court could stop monitoring the case. In addition, another accused also moved the Court subsequently with a similar prayer.
Eventually, the High Court expressed that it could not perpetually monitor the case.