‘Threat apprehension reasonable’: HC transfers defamation suits against Dabholkar’s son, others

The applications, filed by Hamid Dabholkar and others, claimed that they might meet the same fate as that of the anti-superstition activist if they participate in the trial in the suits in Ponda.

Justice Jamadar observed that “in the totality of the circumstances, the apprehension cannot be said to be unreasonable.”

“The applicants consider themselves to be more vulnerable if the trials are held in a court which is at a close distance from the headquarter of the respondent Sanatan Sanstha. The real question is not whether the Sanstha was actually involved in the activities, but whether there are circumstances which give rise to the apprehension in the mind of the applicants about their safety,” the HC noted.

Allowing the pleas, it added that the transfer of the suits to Civil Judge, Senior Division, Kolhapur would not operate as an impediment for the right-wing group to prove its case.

The defemations suits by Sanatan Sanstha, filed in 2017 and 2018, claimed award of damages alleging that the applicants had made or published deliberate false and defamatory statements and defamed the right-wing organisation.

Meanwhile, Hamid Dabholkar and others, in their pleas, claimed that involvement of followers of the right-wing group in murder of Dr. Dabholkar and CPI leader Govind Pansare has been established in the chargesheet filed by investigating agencies and raids were conducted by the probing agencies at the establishments of the outfit at Goa and Panvel.

They also submitted that the shooters who allegedly killed Dabholkar and Pansare were absconding and are followers of Sanatan Sanstha.

It was further alleged the outfit has been persistently adopting such a method of filing defamation suits to prevent the right-minded citizens from exercising freedom of expression.

Senior advocate Rajendra Pai, for Sanatan Sanstha, opposed the applications stating that they were “devoid of reasonable apprehension of safety” and said applicants are getting a fair trial.

After perusing submissions, Justice Jamadar noted, “If considered in the light of the animosity bordering on enmity, albeit on ideological plane, between the Sanatan Sanstha and the cause espoused by the applicants, the alleged killings of four persons who opposed the ideas which the respondent and other like minded organisations propagate, the alleged involvement of the members of the respondent in the activities which led to their prosecution in Maharashtra and Karnataka, cumulatively render such apprehension reasonable and genuine.”

The court, however, clarified that its inference “did not reflect upon either the ability of the Presiding Officer, Civil Court at Goa to render fair and impartial justice, or the general state of law and order in the State of Goa.”
It said the inference was confined to ascertain as to whether the trial of the suits before the court in Goa would advance the cause of justice.