Bombay High Court
Mukta Dabholkar And Anr vs The Central Bureau Of Investigation And ... on 26 April, 2019
Author: B. P. Colabawalla
Bench: S. C. Dharmadhikari, B. P. Colabawalla
904-WP.3512.2015+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3512 OF 2015
WITH
CRIMINAL APPLICATION NO. 42 OF 2017
AND
CRIMINAL APPLICATION NO. 152 OF 2017
AND
CRIMINAL APPLICATION NO. 220 OF 2019
Mukta Dabholkar and Anr. } Petitioners
versus
The Central Bureau of }
Investigation and Ors. } Respondents
WITH
WRIT PETITION NO. 1565 OF 2015
WITH
CRIMINAL APPLICATION NO. 43 OF 2017
Smita Pansare and Anr. } Petitioners
versus
The State of Maharashtra } Respondent
WITH
PUBLIC INTEREST LITIGATION NO. 15 OF 2015
Ketan K. Tirodkar } Petitioner
versus
Central Bureau of }
Investigations and Anr. } Respondents
Mr.Vivek Patil with Mr.Amit Singh,
Mr.Sandesh Shukla and Mr.Santosh
Sawant I/b. M/s.Abhay Nevagi and
Associates for the petitioner in WP
Nos.3512 of 2015 and 1565 of 2015.
Mr.Anil C. Singh-Additional Solicitor
General with Mr.D.P.Singh for respondent
no. 1 (CBI) in WP/3512/2015 and
CRPIL/15/2015 and for the applicant
(CBI) in APPW/152/2017.
Page 1 of 7
J.V.Salunke,PA
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904-WP.3512.2015+.doc
Mr.A.P.Mundargi-Senior Advocate/Special
Public Prosecutor with Ms. M. M.
Deshmukh-APP for respondent (State) in
all matters.
CORAM :- S. C. DHARMADHIKARI &
B. P. COLABAWALLA, JJ.
DATE :- APRIL 26, 2019 P.C. :-
1. The reports tendered by Mr.Singh learned Additional Solicitor General and Mr.Mundargi learned Special Senior Counsel are perused by us in their presence.
2. We have been repeatedly impressing upon both the investigating agencies that the person at the helm of the affairs and in-charge of maintenance of law and order has to take the lead so that the issues and concerns raised by the investigating agencies are addressed in a timely manner.
3. If it is not possible on account of the busy schedule of the political bosses to convene such meetings, then, it goes without saying that in administrative and executive functioning, it is the Chief Secretary of the State, who must take the lead. We are happy to note that the investigating agencies have established contact with the Chief Secretary's secretariat and the Chief Secretary has assured that he would convene timely meetings. Page 2 of 7
J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 ::: 904-WP.3512.2015+.doc Our request is that the Chief Secretary must bring on the table the Additional Chief Secretary, Home, the Principal Secretary, if such a post exists, in the Department of Public Works and the Principal Secretary in the Department of Finance. The steps and measures that the Central Bureau of Investigations (CBI) is now contemplating would require regular assistance from the Government of Maharashtra. The Department of Home, the Department of Public Works and the Department of Finance would have to provide the ground level assistance. If major operations have to be carried out and of the nature specified in the report of the CBI, then, it is but necessary that the authorities in the Government of Maharashtra coordinate with each other and thereafter, with the CBI officials.
4. It is assured by Mr.Singh that the steps that are to be taken so as to trace the weapons, would be taken expeditiously. If some arrests have yet to be made, then, they also would be made and, within next three or four weeks, this court would see some definite results.
5. We do not think that the steps other than tracing the weapons should take three to four weeks. We would expect the steps, as indicated in para 4(i) of the status report of the CBI tendered today, to be taken within next 15 days. Page 3 of 7 J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 ::: 904-WP.3512.2015+.doc
6. Insofar as the efforts to trace the weapons, we expect the Chief Secretary of the Government of Maharashtra to forthwith convene a meeting, which would be attended by the Additional Chief Secretary, Home, the Principal Secretaries in the Departments of Finance and Public Works so also the signatories of the status report filed by the CBI. Any top level officials, if required, can also be summoned or requested to attend such meetings.
7. We are aware that presently the General Elections are on. We are also aware and were always aware of the fact that when the general elections are announced and there are as many as 48 Loksabha Constituencies in the State of Maharashtra, the Ministers, including the Chief Minister are required for the campaigning. In these circumstances, we would only expect them to give suitable and timely directions so that the executive functionaries do not face any problem or administrative hurdles in convening the meetings and making available the funds and manpower. If, for certain measures and steps that the CBI has proposed, some contracts have to be executed and it would have financial repercussions and approvals are necessary to be obtained after apprising the concerned Minister in-charge (Cabinet Ministers) of these Departments of all the consequences, Page 4 of 7 J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 ::: 904-WP.3512.2015+.doc it is normal in executive functioning that the files with notes of the executive functionaries have to be put up before these Ministers and after they peruse them and understand all the consequences, including legal issues, they have to append their signatures. That is how the executive functionaries can proceed.
8. We expect the political bosses to show that maturity and sagacity so that none face any issues and obstacles in investigation of the crimes. The political parties today in power and in opposition must understand that if any of the outfits, groups, institutions under their auspices are allegedly involved, then, none of them and their functionaries should be spared. Tomorrow, these outfits under their control may be victims of ghastly crimes and attacks. In a democracy, none can be silenced and should not attempted to be silenced nor any voice or opinion of dissent ought to be suppressed by guns. That is what is at the root of our endeavor as well.
9. We expect all concerned now to render the requisite assistance to the investigating machineries both, at the Central and the State level.
10. The Government of Maharashtra must realise that when a crime of this nature was committed in the adjoining State, namely, in the State of Karnataka (murder of Gauri Lankesh), the Page 5 of 7 J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 ::: 904-WP.3512.2015+.doc functionaries and officials in-charge of maintenance of law and order in that State acted swiftly and without any intervention of the court. Nobody was required to file any legal proceedings, much less a Public Interest Litigation so as to ensure investigation, interrogation and arrest of the accused. In fact, the police machinery in that State arrested some of the accused involved in the murder of Gauri Lankesh from the State of Maharashtra. We think that lessons have to be learnt by our machinery and there is nothing wrong in even now improving the state of affairs in this State.
11. We do not think that the State functionaries expect orders and directions from the court to investigate crimes and to bring the guilty to book. We are informed by Mr.Mundargi that insofar as the investigation in the crime (murder of Comrade Govind Pansare), the Additional Chief Secretary, Home and the Director General of Police, State of Maharashtra are jointly supervising and monitoring the operations. The Additional manpower deployed by the Government of Maharashtra, through this Department of Home, has now taken over the investigation. The officers are posted at specific locations and after the clues are received about the absconding accused, definite strategies have been evolved and put in place and the assurance is that this court would see a positive result by the next date. Page 6 of 7 J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 ::: 904-WP.3512.2015+.doc
12. We place these matters, at the request of both sides and after taking the respective reports on record, on 14th June, 2019.
13. Mr.Abhay Nevagi is not present today in court. However, the advocate appearing on his behalf and particularly in the case pertaining to the crime (murder of Comrade Govind Pansare) states that a criminal application, being Criminal Application No.220 of 2019, has been filed in relation to both the crimes and on instructions, that application is not pressed any further. It is disposed of accordingly.
(B. P. COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) Page 7 of 7 J.V.Salunke,PA ::: Uploaded on - 26/04/2019 ::: Downloaded on - 28/04/2019 00:42:12 :::