The Supreme Court on Thursday agreed to consider taking away the investigation into the Palghar lynching case from the Maharashtra Police and handing it over to the CBI or NIA.
A bench headed by Justice Ashok Bhushan shot down a request made by the Maharashtra government to let the Bombay High Court examine such a plea since matters are already pending there.
The bench admitted the petitions for an "independent" probe into the incident, and issued notices to Maharashtra government, Director General of Maharashtra Police, Centre, CBI and NIA.
The court also agreed to set down the next date of hearing after advocate Balaji Srinivasan, appearing for Mahant Swami Shraddhanand Saraswati and six other sadhus, pressed for urgent hearing of the matter.
Srinivasan contended that witnesses are getting killed or disappearing, warranting the top court to fix a specific date of hearing.
Representing the Maharashtra government, its standing counsel said there was no requirement for the apex court to entertain these petitions for transferring the probe as the Bombay High Court is already seized of the issue.
But the bench replied: "You (Maharashtra) say whatever you have to say on your affidavit. We are issuing notices and making this returnable in two weeks. You file your reply by the next date."
The bench will take up the matter next in the second week of July.
There are two petitions in the case, doubting the impartiality of the state government and the Maharashtra Police in probing the lynching of two sadhus and their driver on April 16.
The first petition represents sadhus of the Juna Akhara, alleging the CID probe is an eye wash only to protect the guilty policemen who stood silent when the three were lynched by a mob in Palghar.
It said the investigation is tainted right from the beginning and only an independent probe can sever the real purpose.
This petition has also asked for allotting the spot in Palghar to the Juna Akhara so that a memorial can be built for the deceased sadhus and their driver.
The second plea is by activist Ghanshyam Upadhyay, who has claimed the evidence are being destroyed, requiring a probe by the NIA.
The bench issued notices on both the petitions on Thursday.
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