A Division Bench of Justice S C Dharmadhikari and Justice Bharati H Dangre said that they are witnessing a “tragic phase” where “journalist, thinkers, writers, activist can’t voice their concerns or opinions fearlessly…” (File Photo)
PULLING UP investigative agencies for submitting reports that do not show “any progress” in the murder cases of rationalists Narendra Dabholkar and Govind Pansare, the Bombay High Court on Thursday said it cannot see why officials cannot act with the same expedition and efficiency as was witnessed when a similar crime had occurred in the adjoining state. “If such crime has occurred in the adjoining state and that state has taken prompt action, we do not see why these officials cannot act with the same expedition and efficiency,” the court said while hearing a petition filed by the family members of Dabholkar and Pansare, seeking a court-monitored probe in the two cases. It was referring to the murder of journalist Gauri Lankesh in Karnataka.
While Dabholkar was shot dead on August 20, 2013 in Pune, Pansare was shot at on February 16 at Kolhapur and died on February 20, 2015. The CBI and the state CID are probing the killings of Dabholkar and Pansare, respectively. A Division Bench of Justice S C Dharmadhikari and Justice Bharati H Dangre said that they are witnessing a “tragic phase” where “journalist, thinkers, writers, activist can’t voice their concerns or opinions fearlessly…” It asked the state if it is going to “tell everyone to move around with police protection”. Justice Dharmadhikari said the current situation in the state is such where “stones are thrown, buses are burnt, mobs are on the road… it is a free for all”.
The court, in its order, noted: “…Confidential communications from the additional chief secretary and chief of ATS, state of Maharashtra, and the concerned joint director Mr Aggarwal or the CBI, were tendered in our chambers for our perusal. On persual of these reports and noting their contents, we do not think that they are reports of any progress, which deserves to be retained on our record.”
“In the presence of the Additional Solicitor General Anil Singh (for CBI) and Senior Counsel Ashok Mundargi (for SIT) we have returned these confidential envelope(s) and through the counsels to the two officials. We only say that high ranking officials ought to be very careful and should ordinarily not make a request and of the nature noted by us in our earlier order,” it added.
In the previous hearing, the officers present before the court had said that they want to reveal certain information regarding the case in “strict confidence” in the judges’ chambers because the matter is “sensitive and serious nature of crime”.
Taking on the CBI joint director and head of Maharashtra CID’s SIT, the bench said, “Since both of them are high ranking senior level officials, very comment made by us based on our perusal of their reports would only adversely impact their careers and would be a reflection on the working and functioning of the respective department of the state and of the investigating machinery under their control, we do not observe anything, but hope that after today’s proceedings both of them have learnt their lesson.”
It added: “We only impressed upon these officials through Singh and Mundargi, if timely action is taken, every crime can be detected. If the investigations have to be impartial, fair and expeditious, officials of this rank ought to step in at stages when things do not go out of control. In these crimes, which are but a reflection of not just a law and order situation prevailing in the state, but having larger repercussions on the image and reputation of the state and the nation as a whole, these officials at least now should realise that they have more responsibility, duty and obligation.”
“If they are in command and have taken charge… then, this is the time when it should be translated into action (sic),” it said while posting the matter for hearing on September 6.