Investigation into the murder of RTI activist Satish Shetty from Pune has thrown up several twists and turns, the latest being when the Central Bureau of Investigation (CBI) recently arrested retired police inspector Bhausaheb Andhalkar and retired assistant police inspector Namdev Kauthale, both of whom were part of the local crime branch (LCB) of the Pune rural police which was investigating the Shetty murder case initially. Though these arrests are seen as a breakthrough, questions are being raised about the CBI probe as the agency had filed a closure report, all of a sudden, in August 2014. The family of Satish Shetty claims the CBI filed the closure report “under pressure” even though it had “concrete material” to take the probe forward. Also, the CBI’s closure report, accessed by The Indian Express, raises several doubts about the role of officials who probed the murder case. Shetty was murdered with a sharp-edged weapon in Talegaon Dabhade on January 13, 2010, a few months after he had exposed an alleged land scam in Kamshet area. An offence related to the land scam case was registered at the Lonavla city police station against IRB’s chairman and managing director Virendra Mhaiskar and 12 others, including government officials, on October 15, 2009. Also, on November 24, 2009, Shetty had filed an application with the rural police seeking protection as he was getting threats. Initially, the Pune rural police team led by inspector Andhalkar initiated probe and arrested six persons in the Shetty murder case, including advocate Vijay Dabhade from Talegaon. The arrests were made following a statement by a history-sheeter Santosh Shinde. Police claimed Shinde had confessed to having accepted a “supari” of Rs 1 lakh from Dabhade for killing Shetty, but he refused to do so after learning that Shetty was working for the benefit of the common man. The rural police also pointed out details of past disputes between Shetty and Dabhade. Satish’s family, however, said these were false arrests as past disputes between him and Dabhade were settled. In March 2010, Sandeep Shetty, brother of Satish Shetty, filed an affidavit with the Bombay High Court, stating that the police had failed to pursue those named by his brother in his protection application. In September 2010, the CBI took over the investigation in the Shetty murder case. Meanwhile, in December 2011, the Pune rural police filed a closure report (C summary) in the Kamshet land scam case. A few months later, in 2012, IRB scrapped its township project on this disputed land. On August 8, 2014, the CBI moved Bombay High court seeking permission to re-open this land scam case saying it could be linked to Satish Shetty’s murder. But shockingly, after three days, the CBI filed a closure report in the murder case itself on August 11, 2014, citing 12 difficulties to prove prima facie the charges against the accused persons. Sandeep Shetty said, “CBI’s closure report raised our suspicion. It seems that at a time one CBI team sought permission from high court to re-open land scam case, another team was preparing documents for the closure of murder case.” “Also, in the closure report, CBI itself has mentioned some crucial facts that raise strong suspicion on the role of Andhalkar and Kauthale found working in nexus with IRB’s chairman Mhaiskar and others. I believe CBI officials probing this case were working under pressure. I had spoken to the CBI’s investigation officer before the closure report was filed. I recorded this conversation. The officer had told me he had submitted a written proposal to arrest the suspects. The officer said his seniors are “paison ke rakshas” (greedy for money). He hinted at the wrongdoings going on and filing of closure report in the murder case,” alleged Sandeep, who had later submitted the audio record and its transcripts in the high court along with his petition seeking to quash the closure report filed by CBI and re-open the case. When contacted, a spokesperson of the CBI said, “CBI strongly denies any pressure from any quarter. The Investigating Officer had investigated the case with all fairness.” The CBI stated, “It is factually incorrect that the investigating team had made any claim of incriminating evidence against any accused in the Satish Shetty murder case before the filing of the Closure Report. However, CBI prayed before Hon’ble High Court of Bombay to transfer the investigation of a Lonavala case relating to sale of Government Land on the basis of alleged forged papers. CBI registered the said case on November 28, 2014 on the orders of Hon’ble High Court. Thereafter, searches were conducted at 21 places in Pune and Mumbai which led to seizure of incriminating material. Based on the investigation of said case, including material seized during searches, CBI decided to re-open the Satish Shetty Murder Case on January 17, 2015 and the investigation was taken over by the Special Crime Branch of CBI based in Delhi with a new team. The investigation has made satisfactory progress and is proceeding in the right direction.” “The closure report was filed on August 8, 2014, after following due procedure and taking note of all evidence on record. The decision to file Closure Report is taken strictly on merits and based on evidences on record,” the CBI reply stated. CBI’s closure report and contradictions As per its closure report, CBI arraigned six persons as accused and investigated their role in Satish Shetty murder case. They include IRB’s managing director Virendra Mhaiskar, Jayant Dangre, advocate Ajit Balwant Kulkarni, inspector Bhausaheb Andhalkar and sub-inspector Namdev Kauthale of LCB and Dilip Arjunrao Shinde, then deputy superintendent of police, Lonavala. The agency filed a closure report saying they found no evidence against Virendra Mhaiskar or any other suspects. “The available evidence is mostly circumstantial but there are missing links in the chain of evidence,” it stated. And now, after Andhalkar’s arrest, CBI press release stated, “It has emerged that then Police Inspector, Local Crime Branch, Pune, had allegedly conspired with others and fabricated & manipulated evidences to shield the real conspirators and killers.” After Kauthale’s arrest, CBI press release stated, “The then API was involved in the initial investigation of the case. He had allegedly conspired with the perpetrators of crime and in furtherance of that he created false evidence and fake eye-witnesses implicating 5 other accused persons to shield the real conspirators and killers.” Startling details in CBI’s closure report CBI conducted analysis of mobile call records of a number of suspects. The closure report filed by CBI states, “The analysis of the said call records revealed during the period from October 2009 to the filing of charge sheet by the local police, there were a number of calls between Jayant Dangre and inspector Andhalkar. The call data analysis of Dangre, Advocate Ajit Kulkarni, Andhalkar and Mhaiskar prima facie revealed close nexus, particularly after registration of land scam case at the Lonavla city police station on the complaint of deceased against Virendra Datatreya Mhaisakar and 12 others for the offences of criminal conspiracy, forgery and cheating till the deceased was murdered on January 13, 2010.” CBI conducted polygraph test on 36 persons. The closure report says deceptive responses were received from many of them, including the key suspect, during the test. The closure report also underlined the conflicting conclusions contained in the reports of Regional Forensic Science Laboratory in Pune and Central Forensic Science Laboratory in New Delhi on the samples taken from the scene of crime and the victim’s body. The closure report also highlighted several inconsistencies in the police prob. IRB's statement ‘Companyand its management have fully cooperated’ Pune: On January 5, 2015, the CBI conducted raids at 21 places in Pune and Mumbai including the offices IRB Infrastructure Ltd, in connection with this alleged land-grabbing case. After CBI's raids, IRB issued a press release saying, “As a part of reinvestigation in the matter of land acquisition at Village Taje and Pimploli near Pune, officers from the CBI have visited our Pune Office and Registered Office to check our records.The Company and its management have fully cooperated with them and provided the necessary documents and denied any wrong doing. We have understood from the publicly available sources that in August 2014, the Honorable High Court Bombay has permitted reinvestigation into the complaint pertaining to the land acquisition which was filed by the late RTI activist in 2009. However, it is also understood from publicly available sources that the CBI has already filed a Closure Report before the Sessions Court, Pune, after conducting its investigation in the matter pertaining to the murder of the same RTI activist. Timeline October 15, 2009: Following a complaint filed by Satish Shetty, an offence of land scam is registered at the Lonavla city police station against IRB’s chairman and managing director Virendra Mhaiskar and 12 others November 24, 2009: Satish files an application with the rural police seeking protection saying he was getting threats. January 13, 2010: Satish Shetty is murdered with a sharp-edged weapon in front of Hari Om Dairy and Cold Drinks in Talegaon Dabhade. January 15, 2010: Pune rural police arrest advocate Vijay Dabhade and others in the Shetty murder case. Shetty’s family called the arrests wrong. December 27, 2011: The Magistrate court accepts the closure report filed by the Pune rural police in the land scam case. August 8, 2014: The CBI moves the Bombay High Court seeking permission to re-open this land scam case saying that it may be linked to Satish Shetty's murder. August 11, 2014: The CBI files closure report in Satish Shetty murder case. August 28, 2014: The CBI re-opens land scam case. Conducts searches in Pune and Mumbai, which leads to seizure of incriminating material. January 17, 2015: The CBI re-opens Satish Shetty murder case. April 7, 2016: The CBI arrests retired inspector Bhausaheb Andhalkar, who was the investigation officer of Pune rural police in Satish Shetty murder case. April 11, 2016: The CBI arrests another retired police officer, assistant inspector Namdev Kauthale, who was also part of the investigation team.
