The family of slain rationalist Narendra Dabholkar has approached the Bombay High Court challenging a sessions court judgment acquitting three persons in the case.
The appeal filed by Dabholkar’s daughter Mukta Dabholkar also challenged the judgment by which two other accused, who were convicted in the case, were acquitted of the offence of criminal conspiracy and for commission of terrorist act under the Unlawful Activities Prevention Act (UAPA).
Mukta Dabholkar in the appeal filed through advocate Abhay Nevagi said the killing of her father was a “well-planned murder and involved a larger conspiracy”.
The plea came up for hearing on Wednesday before a division bench of Justices Revati Mohite Dere and Prithviraj Chavan which issued notice to all the accused and the prosecuting agency – Central Bureau of Investigation (CBI).
The court posted the matter for hearing on September 23.
In her appeal, Mukta Dabholkar said the sessions court had failed to appreciate the fact that the convicted individuals in the case were members of the right-wing group Sanatan Sanstha and that even the three acquitted persons were also associated with the outfit.
“The accused persons hatched this conspiracy to eliminate Dr Narendra Dabholkar, who was expressing his views against Sanatan Sanstha Establishment, Hindu Jan Jagaran Samiti and other similar organizations,” the appeal alleged.
It challenged the sessions court judgment acquitting Virendra Singh Tawde, Sanjiv Punalekar and Vikram Bhave from the case.
The appeal contended that the two other accused – Sachin Andure and Sharad Kalaskar – were acquitted of the charges of criminal conspiracy under the Indian Penal Code, under Section 16 (terrorist act) of UAPA and the Arms Act.
Dabholkar (67), founder of the Maharashtra Andhashraddha Nirmoolan Samiti, dedicated to fighting superstition, was shot dead by two persons, allegedly linked to Sanatan Sanstha, while he was on a morning walk in Pune on August 20, 2013.
On May 10, 2024, a sessions court in Pune convicted Andure and Kalaskar (shooters) on charges of murder and sentenced them to life imprisonment. It acquitted the remaining three accused.
The charge of UAPA was levelled only against four of the accused. Punalekar was only charged with destruction of evidence.
Mukta Dabholkar in her appeal said the sessions court had erred in holding that there was no evidence to convict the two accused for criminal conspiracy and that UAPA provision was not applicable as the sanction was not valid.
“The Sessions Court has failed to consider that there is sufficient material produced in record by the investigation agencies which establishes beyond reasonable doubt that all the accused were involved in hatching criminal committing murder of Dr Narendra Dabholkar,” the appeal said.
The plea said the sanction to prosecute the accused under UAPA was duly received by the investigating agency and there was nothing on record to suggest that there was any illegality in granting sanction.
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