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This is an archive article published on November 23, 2018

Dabholkar murder case: Investigating machinery feels enervate on account of procedural compliance and administrative matters taking time, says HC

A division bench of Justice S C Dharmadhikari and Justice Bharati Dangre said: “If files are pending with the headquarters of the CBI, then those manning the headquarters should be apprised of the orders of this court and the anxiety expressed therein from time to time.”

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The Bombay High Court on Thursday, after perusing a report submitted by the Central Bureau of Investigation (CBI), observed that although the central agency has taken certain measures to arrest those who are allegedly involved in the murder of rationalist Narendra Dabholkar, “the investigating machinery feels enervate on account of procedural compliance and administrative matters taking time”.

A division bench of Justice S C Dharmadhikari and Justice Bharati Dangre said: “If files are pending with the headquarters of the CBI, then those manning the headquarters should be apprised of the orders of this court and the anxiety expressed therein from time to time.”

The court said in its five-page order: “…given the sensitive and delicate stage at which an investigation is placed, it should not waste further time in matter of administrative nature. If approvals from headquarters are required to take further steps, as are set out in the report, then such approvals should also be obtained with expediency… The higher authorities ought to realise that given the nature of the crimes, their seriousness and its impact on the society as is now projected before us, it is time that the approvals are to be granted.” The court was hearing petitions filed by the family members of rationalists Dabholkar and Govind Pansare, seeking court supervision in the investigation into their deaths conducted by the Centre and state agencies.

On Thursday, a report was submitted in a sealed envelope by the CBI probing the murder of Dabholkar and CID investigating the murder of Pansare.

The bench said: “The freedom of speech and expression guaranteed by the constitution of India, coupled with the freedom of profession, both of which are subjected to reasonable restriction ensuring that there is no suppression of dissent, discussion or debate, all of which has to be free and meaningful. Further, thus expressing strong views and criticising beliefs, rituals and practices especially derogatory to women and children should not be threatened with dire consequences nor there should be any attacks on their life and property any further.”

Justice Dharmadhikari said the country’s image had taken a beating after certain crimes had been highlighted all over the world. “…If we claim to be one of the prominent democracies in the world, then those, in-charge of investigation of crimes and bringing the guilty to book, have an important role to play.”

Senior Counsel Ashok Mundargi for the CID sought time for a detailed report stating that on November 15, they received the custody of the accused, Amol Kale, a key conspirator in the murders of Dabholkar and journalist Gauri Lankesh, from the Bangalore court. Mundargi informed the court that they had applied for Kale’s custody one-and-a- half months ago. The court said: “There are various names revealed by him (agencies) and steps would be taken to interrogate them as well is the assurance from the state police, particularly, the SIT.” The court said the agencies is thinking that the arrested accused are the only culprits.

 

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