Bombay High Court
Ketan K. Tirodkar vs Central Bureu Of Investigations And ... on 22 November, 2018
Author: Bharati H. Dangre
Bench: S.C. Dharmadhikari, Bharati H. Dangre
(901) wp-3512-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3512 OF 2015
Mukta Dabholkar and Anr. ... Petitioners
Vs
The Central Bureau of Investigation and Ors. ... Respondents
WITH
CRIMINAL APPLICATION NO. 42 OF 2017
IN
WRIT PETITION NO. 3512 OF 2015
WITH
CRIMINAL APPLICATION NO 152 OF 2017
IN
WRIT PETITION NO. 3512 OF 2015
WITH
WRIT PETITION NO. 1565 OF 2015
WITH
CRIMINAL APPLICATION NO. 43 OF 2017
IN
WRIT PETITION NO. 1565 OF 2015
WITH
CRIMINAL PIL NO. 15 OF 2015
Mr. Abhay Nevagi with Mr. Santosh Sawant, Mr.Sandesh Shukla and
Mr. Amit Singh i/b M/S Abhay Nevagi Associates for the Petitioners in
WP 1565 of 2015 and WP 3512 of 2015.
M.M.Salgaonkar Page 1 of 6
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Mr. Anil C. Singh, Addl. Solicitor General with Mr. D.P. Singh for the
Respondent No.1 - CBI in PIL 15 of 2015 and WP 3512 of 2015.
Mr. A.P. Mundargi, senior advocate/Spl. PP with Ms. M.M. Deshmukh,
APP for the Respondent-State.
CORAM : S.C. DHARMADHIKARI &
SMT. BHARATI H. DANGRE, JJ.
THURSDAY, 22ND NOVEMBER, 2018 P.C. :
1 The two (2) reports tendered by Mr.Singh, learned Additional Solicitor General and Mr.Mundargi, learned senior advocate are taken on record.
2 After careful perusal of the reports, we impressed upon firstly, the Central Bureau of Investigation (CBI) that given the sensitive and delicate stage at which the investigation is placed, it should not waste further time in matters of administrative nature. If approvals from headquarters are required to take further steps as are set out in the report, then, such approvals should also be obtained with expediency. It should impress upon the higher authorities that this Court is monitoring the investigations presently and has expressed its anxiety that they should be brought to a closure soon. The higher M.M.Salgaonkar Page 2 of 6 ::: Uploaded on - 24/11/2018 ::: Downloaded on - 25/11/2018 01:14:28 ::: (901) wp-3512-15.doc authorities ought to realise that given the nature of the crimes, their seriousness and their impact on the society as is now projected before us, it is time that the approvals are granted and incidents of this nature are curbed. The freedom of speech and expression guaranteed by the Constitution of India, coupled with the freedom of religion, both of which are subjected to reasonable restriction ensure that there is no suppression of dissent, discussion or debate. They have to be free and meaningful. Further, those expressing strong views and criticising superstitions, beliefs, rituals and practices especially derogatory to women and children should not be threatened with dire consequences nor there should be any attacks on their life and property any further.
The image of this nation has taken enough beating as the three or four crimes have been highlighted all over the world. The world is watching how India is making efforts to implement the values and ideals enshrined in the Constitution. The prominent amongst that is the right to equality, freedom of speech and expression and right to religion, namely, to freely profess and propagate one's religion. If we claim to be one of the prominent democracies in the world, then, those in-charge of investigation of crimes and bringing the guilty to book have an important role to play. They are but supplementing and supporting the M.M.Salgaonkar Page 3 of 6 ::: Uploaded on - 24/11/2018 ::: Downloaded on - 25/11/2018 01:14:28 ::: (901) wp-3512-15.doc State in implementing and putting into practice the constitutional principles. Even the highest Court in the Country has impressed on the police and state machinery from time to time that if democracy has be preserved and protected in this country and this part of the world, then, not only the Executive, but equally the citizens have to act accordingly. 3 We have, on perusal of these reports, found that though certain steps and measures have been taken to apprehend and arrest the persons who are involved in the present crime, the investigating machinery feels inhibited on account of procedural compliances and administrative matters taking time. If files are pending with the headquarters of the CBI, then, those manning these headquarters should be apprised of the orders of this Court and the anxiety expressed therein from time time. Mr.Singh has assured us that now the investigating machinery would be fully geared up and he would ensure that those at the headquarters take steps to grant necessary sanction or approval. He assures the Court that before the next hearing, some positive steps would be taken and the Court would be informed accordingly.
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(901) wp-3512-15.doc 4 Mr.Mundargi says that one of the arrested accused and involved in the murder of Gauri Lankesh is now in police custody. It was obtained from the competent court in the State of Karnataka on 14th November, 2018. After the custody was obtained, this accused was produced before the competent court at Kolhapur. The police custody remand granted, of seven (7) days, would come to an end on 22 nd November, 2018, but steps are being taken to obtain extension of his police custody so as to complete the interrogation well within the statutory limits. He has apprised us of the steps taken by the Investigating Officer till date and he is still gathering details from this arrested accused. There are various names revealed by him and steps would be taken to interrogate them as well is the assurance from the State Police, particularly, the SIT.
5 Mr.Mundargi also says that given the nature of the crime even if the custody is extended, the investigating machinery will require a fortnight to complete the process.
6 In the light of the assurances given by both the counsel, we post this matter on 14th December, 2018 and we think that is enough M.M.Salgaonkar Page 5 of 6 ::: Uploaded on - 24/11/2018 ::: Downloaded on - 25/11/2018 01:14:29 ::: (901) wp-3512-15.doc time for them to report about the subsequent developments. The matter shall be listed on the "Supplementary Board". [ SMT. BHARATI H. DANGRE] [ S.C. DHARMADHIKARI, J.] M.M.Salgaonkar Page 6 of 6 ::: Uploaded on - 24/11/2018 ::: Downloaded on - 25/11/2018 01:14:29 :::