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The Bombay High Court on Tuesday stated that it will hear the issue of maintainability of a plea filed by the family of murdered rationalist Narendra Dabholkar, challenging the acquittal of three accused. The issue arose after a lawyer who had been acquitted in the case intervened and opposed the plea by the Dabholkar family.
Advocates Sandesh Shukla, Vivek Patil, and Kabeer Pansare pointed out to the court that the Dabholkar family had made a representation to the CBI. However, since the agency had not provided any formal response, the family decided to file the appeal. The appeal has been filed by Dabholkar’s daughter, Mukta.
Advocate Sanjiv Punalekar, opposing the plea, emphasised in his intervention application that since the trial was conducted under the Unlawful Activities (Prevention) Act (UAPA), the appeal should have been filed under the National Investigation Agency (NIA) Act, which imposes a limitation of 30 days for filing an appeal.
Punalekar’s application further argued that mere suspicion, motive, or ideological differences cannot substitute for concrete proof. Additionally, he contended that the sanction obtained under Section 16 of the UAPA was procedurally flawed and invalid, undermining the charges framed under the Act. The application also highlighted inconsistencies in witness testimonies and procedural lapses during the investigation.
In the judgment delivered in the Dabholkar murder trial on May 10, 2024, the Sessions Court convicted two accused while acquitting three others due to insufficient evidence establishing their direct involvement in the crime.
The court had convicted Sachin Andure and Sharad Kalaskar, sentencing them to rigorous imprisonment for life. However, Virendrasinh Tawde, advocate Sanjiv Punalekar, and Vikram Bhave were acquitted, as the court concluded that the CBI had failed to prove conspiracy. The court also noted irregularities in obtaining sanction under the UAPA, observing procedural lapses in the approval process.
Additionally, the court stated that the allegation against Punalekar — of directing the destruction of firearms used in the crime — was not supported by sufficient evidence.
The judgment has since been challenged by the complainant, arguing that the Sessions Court failed to appreciate crucial pieces of evidence that could have linked the acquitted accused to the conspiracy.
Rationalist Narendra Dabholkar, founder of the Maharashtra Andhashraddha Nirmoolan Samiti, was shot by two bike-borne assailants while on his morning walk in Pune on August 20, 2013. Dabholkar had been running the Samiti for many years and had published various books and conducted workshops aimed at eradicating superstition.
