10-IA-2361-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 2361 OF 2022

IN

CRIMINAL WRIT PETITION NO. 1565 OF 2015

1. Smita Pansare,

Aged 56 years, r/o Yugantar,

Opposite Kude Colony, Mukundpur,

Nevasa Phata, Tal. Nevasa,

Dist. Ahmednagar

2. Megha Pansare,

Aged 52 years, r/o Plot No. 17,

Ideal Society, Sagar Mal, Shastri Nagar,

Kolhapur

3. Mukta Dabholkar,

Aged 48 years, r/o C/o. Neela Patwardhan,

Hira-Manik Opposite Bajaj Hall,

S.V. Road, Malad (West),

Mumbai – 400 064

4. Dr. Hamid Dabholkar,

Aged 44 years, r/o 19,

Gurukrupa Housing Society,

Shahu Nagar, Godoli, Satara ...Applicants

Versus

1. State of Maharashtra, through the

Additional Chief Secretary (Home),

Mantralaya, Mumbai

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2. Central Bureau of Investigation,

A2 Wing, 8

th

Floor, CGO Complex,

CBD Belapur, Navi Mumbai – 400 614

3. Union of India, through the

Ministry of Law & Justice,

Aaykar Bhavan, Churchgate,

Mumbai – 400 020 ...Respondents

Mr. Abhay Nevagi with Sandesh Shukla, Mr. Amit Singh and Ms.

Gayatri V. i/b Abhay Nevagi & Associates for the Applicants

Mr. Ashok Mundargi, Sr. Advocate/Spl. P.P. a/w Mrs. M. M.

Deshmukh, A.P.P for the Respondent No.1-State

Mr. D. P. Singh for the Respondent No.2–CBI

CORAM : REVATI MOHITE DERE &

SHARMILA U. DESHMUKH, JJ.

WEDNESDAY, 3

rd

AUGUST 2022

ORDER (Per Revati Mohite Dere, J.) :

1 By this interim application, the applicants (applicants Nos.

1 and 2 are the daughter and daughter-in-law of deceased Govind

Pansare) seek the following reliefs :

“b.The further investigation to identify masterminds as

well as shooters of Comrade Govind Pansare under

Criminal Case No. 39 of 2015 may please be transferred

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form the Respondent SIT to the Maharashtra ATS with

immediate effect;

c.The Investigation as to identify masterminds may be

handed over to dedicated team of ATS Maharashtra;

d.The Hon’ble Court may please direct the SIT

Maharashtra as well as the CBI to provide all necessary

cooperation to the Maharashtra ATS for the necessary

hand-over of the Criminal Case No.39 of 2015”.

2 Learned counsel for the applicants submits that this Court

has been monitoring the investigation of the murder of Comrade

Pansare in the aforesaid petition, being Writ Petition No. 3512/2015,

and, that the police have been filing reports with respect to the

investigation carried out by them, from time to time. He submits that

several orders have been passed by this Court since 2015 till date. He

submits that as far as Comrade Pansare’s case is concerned, till date,

the shooters in the said case have not been arrested, much less the

masterminds.

3 The principal ground for seeking transfer of the case, from

Special Investigating Team (`SIT’) which is presently conducting the

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investigation, to Anti-Terrorist Squad (`ATS’), Maharashtra, is, that the

real break-through in all the four murder cases i.e. in the murder cases

of Dr. Dabholkar, Comrade Govind Pansare, Dr. M.M. Kalburgi and

Gauri Lankesh, came when ATS, Maharashtra investigated the

Nallasopara Bomb Blast case in 2019. He submits that although, the

Central Bureau of Investigation (`CBI’) had named Sarang Akolkar

and Vinay Pawar (also alleged shooters in the present case) as accused

in Dr. Dabholkar case, however, had subsequently dropped their

names, at the time of filing of the supplementary charge-sheet on 13

th

February 2019, as it had transpired that two of the accused arrested in

the Nallasopara case i.e. Sharad Kalaskar and Sachin Andhure, were

infact the alleged shooters in Dr. Dabholkar case. He further submits

that the ATS charge-sheet filed in the Nallasopara’s case on 18

th

February 2019 reveals the gravity of all the four cases i.e. Comrade

Pansare, Dr. Dabholkar, Prof. Kalburgi and Gauri Lankesh and that the

accused arrested in all the four cases as well as in the Nallasopara

Bomb Blast case are front-line accused. He further submits that there

exists a common sophisticated network of criminals and organization

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behind the four murders. In order to place on record, the gravity of

the situation in all the four cases, learned counsel relied on an extract

from the charge-sheet titled as “

दहशतवादी टोळीचे

उददषे” (Objectives

of the Terrorist Groups). He further submits that in the Nallasopara

case, large number of country-made bombs, gelatin sticks, electronic,

non-electronic detonators, gun powder, chemicals, etc. were seized and

that the investigation in the said case revealed, that after committing

the murders of four rationalists, the mastermind were planning to

plant bombs at the Sunburn Festival in December 2017 in Pune.

According to the learned counsel, the charge-sheet in the Nallasopara

case further reveals that the accused had conducted a recce of the said

place (where the Sun Burn festival was to be held) and that before the

event, two days training was provided for making bombs. Learned

counsel submits that the investigation also revealed that two Bengali

speaking trainers had given training to make bombs, however, the plan

was dropped, as some of the accused came in front of the cameras.

The trainers were, however, not arrested.

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4 Mr. Nevagi submits that all the five charge-sheets i.e. in the

murder cases of Dr. Dabholkar, Comrade Pansare, Dr. Kalburgi,

Gauri Lankesh and Nallasopara Bomb Blast case, reveal that the

offences are interconnected and that the same weapons were used in

the murders of Dr. Dabholkar, Comrade Pansare, Dr. Kalburgi and

Gauri Lankesh.

5 Learned counsel for the applicants submits that although

Comrade Pansare was killed on February 16, 2015, even after more

than seven years, the SIT has failed to bring in any clear and clinching

breakthrough in the said case. He submits that whereas, a serious

breakthrough showing connection between all the said cases was

unearthed due to the efforts of the ATS, Maharashtra in the

Nallasopara Bomb Blast case. He submits that the Nallasopara case

reveals a larger conspiracy, pursuant to which, the respective State

Governments provided protection to the people named in the hit-list

and that the said intellectuals, including the applicants have been

provided with security, and, that the level of security of the applicants

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was further enhanced, pursuant to the said information/disclosure.

The grievance of the applicants is that despite efforts of SIT, the

officers are unable to reach the mastermind behind the said five cases,

much less, the shooters.

6 Learned counsel for the applicants submits that the

accused in the Nallasopara Bomb Blast case were found to be the

shooters in Dr. Dabholkar’s case i.e. Sharad Kalaskar and Sachin

Andhure. He submits that initially the very same accused i.e. Sharad

Kalaskar and Sachin Andhure were named as witnesses in the present

case i.e. in Comrade Pansare’s murder case, and later, after their arrest

in the Nallasopara case, they were dropped as witnesses by SIT.

7 According to the learned counsel for the applicants, the

investigation conducted by SIT has not made any headway, despite

several orders being passed by this Court, from time to time. The

grievance of the applicants also is that not only the shooters but even

the mastermind in the said case have not been traced till date and

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hence, the investigation ought to be transferred to the ATS, so as to

enable them to not only to trace the shooters, but also the mastermind

in the said case.

8 Mr. Nevagi, learned counsel for the applicants further

submits that in order to identify the mastermind, special skills and

investigation is required. He submits that the ATS, Maharashtra had

cracked the Nallasopara Bomb Blast case and it is only pursuant to

their investigation, that the shooters in Dr. Dabholkar’s case were

identified. He submits that the investigation can be transferred to ATS

and continued, without disturbing the present status of the pending

case.

9 Mr. Mundargi, learned senior counsel and Special Public

Prosecutor appearing for the respondent-State, on 1

st

August 2022,

had tendered a letter dated 25

th

July 2022 sent to the Special Public

Prosecutor by Mr. Retesh Kumaarr, Addl. DGP, CID, Maharashtra

State, Pune. He submits that the SIT has no objection for transferring

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of the investigation to the ATS on the request of the applicants, if the

High Court so desires. Today, Mr. Mundargi reiterates the said

position. He further submits that some members of the SIT can join

the ATS team, so that, there is continuity in the investigation.

10 Perused the application and heard learned counsel for the

respective parties on the application seeking transfer of investigation

from the respondent-SIT to the ATS, Maharashtra.

11 A few facts are as under:

On 20

th

August 2013, Dr. Narendra Dabholkar was shot

dead at Pune by motorcycle borne assailants; on 20

th

February 2015,

Comrade Govind Pansare was shot dead; and on 30

th

August 2015,

Professor Kalburgi was shot dead at Dharwad, Karnataka. On 14

th

December 2015, SIT (Additional S.P., Kolhapur) filed charge-sheet as

against Sameer Gaikwad in the trial Court at Kolhapur for the alleged

offences punishable under Sections 120-B, 302, 307 r/w 34 of the

Indian Penal Code (`IPC’) and Sections 3 r/w 25 and Section 5 r/w

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Section 27 of the Arms Act, in the Comrade Pansare’s case. On 10

th

June 2016 Dr. Virendra Tawde was arrested by CBI in connection with

the Dr. Dabholkar murder case. After investigation, the CBI filed

charge-sheet in the said case on 6

th

September 2016 as against Dr.

Tawde for the alleged offences punishable under Sections 120-B r/w

302 of the IPC. On 29

th

November 2016, SIT (Addl. S.P, Kolhapur)

filed supplementary charge-sheet as against some of the accused in

Comrade Pansare’s case. On 5

th

September 2017, Gauri Lankesh was

murdered in Bengaluru. It appears that in March 2018, the wife of

Professor Kalburgi filed a petition in the Apex Court for constitution

of a dedicated SIT for investigating the murder case of Professor

Kalburgi. It appears that in the said petition, National Investigating

Agency (`NIA’) had filed counter affidavit dated 8

th

March 2018, inter

alia, stating therein, that the absconding accused-Sarang Akolkar and

Vinay Pawar (alleged shooters in Comrade Pansare’s case) were also

involved in the Goa Bomb Blast case and are not traceable. In August

2018, ATS, Maharashtra registered C.R. No. 11/2018 in Nallasopara

case. The offences alleged were under Sections 4 and 5 of the

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Explosive Substance Act, provisions under the Unlawful Activities

(Prevention) Act and the Arms Act. Three accused were arrested in the

said case by the ATS, including Sharad Kalaskar, who were allegedly

planning terror plots in Mumbai, Satara and Solapur. On 11

th

February 2019, SIT (Addl. S.P., Kolhapur) filed supplementary charge-

sheet as against Sameer Gaikwad, Virendra Tawde, Amol Kale,

Vasudev Suryawanshi, etc. On 13

th

February 2019, CBI also filed a

supplementary charge-sheet as against Virendra Tawde, Sachin

Andhure and Sharad Kalaskar. On 18

th

February 2019, ATS,

Maharashtra filed charge-sheet in the Nallasopara case and 12 persons

were named in the said case.

12 The applicant Nos. 1 and 2 have filed the aforesaid writ

petition in 2015, seeking for a writ or direction in the nature of

Mandamus to the respondent No.1-State of Maharashtra for

appointing an independent Special Investigating Team led by the

Additional Director General of Police, Maharashtra, comprising of

officers of the ranks of Inspector General of Police, Deputy Inspector

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General of Police, Superintendent of Police and other senior officers,

to conduct the investigation into the conspiracy of the gruesome

murder of Comrade Pansare at Kolhapur. It is also prayed that the

investigation carried out by SIT be monitored by this Court till the

time, investigation reaches its logical conclusion. It is also prayed that

the respondent be directed to submit status report as to the progress of

the investigation made in the said case.

13 As far as Comrade Pansare’s murder case is concerned, SIT

was formed consisting of six persons under the leadership of Mr.

Sanjay Kumar, ADG, CID, Crime, Pune. Periodically, status reports

were filed by SIT in sealed envelopes in this court. This Court

(Coram : S.C. Dharmadhikari & Shalini Phansalkar-Joshi, JJ.) vide

order dated 3

rd

May 2016, had observed that “…… if we do not find a

real headway, we would be constrained to summon high level officials

of both investigating agencies to Court and on the next occasion. We

are hopeful that these officers personally monitor and avoid such a

situation.” It was also observed that “We are expecting the

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investigating agencies to now, at least, show us a real and concrete

progress.”

14 Vide order dated 4

th

August 2019, this Court (Coram :

S.C. Dharmadhikari & Shalini Phansalkar-Joshi, JJ.) had observed that

SIT would be continuing with the investigation of Comrade Pansare’s

case and it was noted that the SIT is expected not to make any change

or make any alteration in the composition of the SIT, without

obtaining leave of the Court. Vide the said order, the SIT was also

directed to expedite the process.

15 Again, vide order dated 29

th

September 2016, this Court

(Coram : S.C. Dharmadhikari & B. P. Colabawalla, JJ.) noted that it

was expected that an early conclusion to the investigations would be

arrived at, given that the crimes have been committed long back. It

was also noted that there is alleged common thread or link in two or

three crimes and, therefore, the nexus has to be probed and established

fully, that does not mean that the investigations can go on endlessly.

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16 Again, vide order dated 23

rd

November 2016, this Court

(Coram : S.C. Dharmadhikari & B. P. Colabawalla, JJ.) observed, after

perusing the status report submitted by the SIT, that they were

dissatisfied with the contents of the same. It was further observed that

the guilty should be brought to book expeditiously so as to prevent

attacks on social workers, writers, thinkers, rationalists and liberal

minded people in all walks of life. Certain observations were made in

the said order, which the central agencies were expected to be mindful

of.

17 Vide order dated 17

th

March 2017, this Court (Coram:

S.C. Dharmadhikari & B.P. Colabawalla, JJ.) observed as under :

“4.……… We expect that something would

emerge from the ongoing joint efforts, particularly, in

the light of the directions issued by us today. If nothing

emerges, then, we would be constrained to pass such

further orders and directions, as are permissible in

law…...”

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Vide the said order, this Court recorded the statement of

Mr. Mundargi on instruction, that the agencies would concentrate and

devote their time essentially on these investigations.

18 This Court (Coram: S.C.Dharmadhikari & Bharati H.

Dangre, JJ.) again, in its order dated 7

th

December 2017, observed in

para 3 as under :

“3.During the course of hearing, we have

impressed upon both the agencies, through learned

special senior counsel Mr. Mundargi and learned

Additional Solicitor General Mr. Singh, that those

guiding and directing their officials, the superiors to

them in the hierarchy and to whom the investigating

officials are reporting should now take a lead. The

court is anxious and now getting a feeling of being

not assisted properly in taking cognizance of the

grievances of the family members of the deceased as

also the general public.

In para 6, it is noted that the learned Special P.P. stated that

a meeting would be convened with the superior officials at the level of

the Secretary in the Department of Home, Government of

Maharashtra and the Director General of Police and equally the Joint

Director in the CBI and that after such a meeting, it is expected that

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the court will find a definite progress and advancement towards

concluding the investigations and apprehending the absconding

accused.

19 This Court (Coram: S.C. Dharmadhikari & Bharati H.

Dangre, JJ.) again, vide order dated 19

th

April 2018, observed in para

3, as under :

“3.With the assistance of both senior counsel,

we have perused these reports and which indicate

that sincere efforts are being made by the teams of

officials under the supervision of competent seniors.

However, at some stage, it is admitted that the police

machinery has not been able to reach the absconding

accused, though off and on they are getting

information that they have been seen in some parts of

India and particularly in northeastern states. The

teams have rushed to such sites, but for want of

adequate assistance at the ground level, were not able

to nab and apprehend these absconding accused. The

only manner of tracking and reaching them is

through the mobile phone towers. There are certain

mobile numbers and once used by the accused or

presently, there are mobile numbers made available

and used by their near and dear relatives with whom

they are establishing contacts, but not regularly and

on occasions. Based on the vigil maintained and the

checks and restrictions imposed, the call data records

in relation to these mobile numbers of the relatives

have been made available.

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In para 8, it was noted as under :

“8. Further progress, then, we would be

constrained to summon these officials, as named

above, entirely at their cost and consequences. We

give a final opportunity to the investigation teams to

proceed and carry out the investigation so as to reach

the absconding accused.”

20 Vide some of the orders, the officers were also asked to

remain present personally, during the course of the hearing.

21 Again, vide order dated 6

th

September 2018, this Court

(Coram: S.C. Dharmadhikari & B.P. Colabawalla, JJ.), in paras 5 and

6, observed as under :

“5We have also perused the report tendered by

Mr. Mundargi who says that insofar as the

investigations in Comrade Govind Pansare murder

case, the SIT is closely monitoring the matter. If there

is an involvement of those who are arrested in the

case of Dr. Dabholkar's murder, then, after the CBI

completes the procedural aspects and particularly

after obtaining custody of the persons named as

accused, the SIT will take any decision and prompt

steps. The SIT wants to investigate whether there is

any common link and whether the same persons are

involved. Since the investigations are at a crucial

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stage, Mr. Mundargi says that it will not be possible to

divulge anything further. At the same time, he assures

the Court that independent of this, the SIT will

continue its probe and investigation.

6 Both have assured this Court that the steps

and measures taken in the past have not been

abandoned nor any final opinion is expressed with

regard to involvement of other persons in the crime.”

22 Vide order dated 10

th

October 2018, this Court (Coram:

S.C.Dharmadhikari & B.P.Colabawalla, JJ.), after perusing the report,

tendered by Mr. Mundargi, observed thus :

“7.On perusal of the report tendered by Mr.

Mundargi, we inquired when the further steps in

relation to the investigations in the murder of

Comrade Govind Pansare wold be taken and on

instructions, Mr. Mundargi states that after the

custody of certain persons is obtained, the

investigations would take further shape and he says

that the Special Investigation Team hopes to conclude

them expeditiously.”

It appears that during the proceedings, some of the accused

arrested in Gauri Lankesh’s case were found to be involved in the

murder of Comrade Govind Pansare and as such, the said accused

were also arrested in the said case. It appears that as far as absconding

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accused were concerned, it was submitted that all efforts were being

taken to apprehend them.

23 Again, this Court (Coram: S.C. Dharmadhikari & B.P.

Colabawalla, JJ.), vide order dated 14

th

March 2019 was constrained

to observe in para 5, as under :

“5.As far as the report placed by Mrs.Deshmukh

with regard to the investigations in the other crime

(murder of Comrade Govind Pansare), we do not find

any attempts being made by the State police to nab

the absconding accused. The same old story is

repeated in this report and we are sorry to say, it is

nothing but an eye wash. By the methodology

adopted, the absconding accused are not going to be

arrested and for years together. By now, these accused

are sufficiently aware of the fact or are made aware of

it, that it is this Court which is monitoring the

investigations and calls for the report of the same. If

the details about the absconding accused are

continuously highlighted by the Special Investigation

Team (SIT), then, such accused are not expected to

reside in the State or in the vicinity of the crime spot.

If the crime is committed in the State of Maharashtra

and not far away from the city of Pune, then, merely

because one of the absconding accused owns

immovable property in Pune, he is not worried to

such an extent that he would visit Pune frequently.

Secondly, such persons do not have a secured job.

Thirdly, they are already uprooted and are away from

the family and at times disowned by the family

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members after indulging in such acts. Therefore, they

are bound to seek shelter anywhere and everywhere

and this is a huge country, thickly populated and one

can easily, by modern means of transport, reach the

boundaries of India on all sides. We have also found

that at times, impression is given to the investigating

officials that these accused are somewhere near the

scene of the crime, they are being given shelter very

near to it, but the investigating agencies are unaware

of it. If the investigation team visits the places near

the scene of the crime, they are then misled and

return clueless. The accused have already left that

place or have never visited it after the commission of

the crime. Thereafter, if nothing has been done or the

investigating machinery only acts at intervals or when

reminded of their duty by the Court, then, such

absconding accused and those shielding them are

emboldened to move the accused to their

acquaintances for harbouring such criminals and

accused. It is not impossible in this country to obtain

identification proof and by changing a name,

designation and place of residence. In such

circumstances, we do not think that this report can be

accepted. While we discard it, we do wish to express

our strong displeasure with harsh remarks for we have

given enough opportunities to the concerned officials

to show their bona fides.”

24 Again, in the order dated 28

th

March 2019, this Court

(Coram: S.C. Dharmadhikari & B.P. Colabawalla, JJ.) has observed in

paras 4, 5, 6 and 8 as under :

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“4.Mr. Mundargi, learned Senior Counsel,

appearing on behalf of the investigating team

investigating the murder of Comrade Govind Pansare

would submit that after the last hearing at least two

steps have been taken. Firstly, the number of officials

or members of the investigating team has now been

increased. The restructuring of the team is done.

Earlier there was a problem because of shortage of

manpower and staff but thereafter the services of

additional officers are made available. The time that

was consumed in preparing and filing charge-sheets

has admittedly taken its toll. Mr. Mundargi admits

that during that period and time attempts to trace the

absconding accused and apprehend them could not be

made. That was on account of time constraints for

presenting the charge-sheets. The officials were

engaged and busy in performing that duty. Now that

the charge-sheets have been laid in the Competent

Criminal Courts, the officials, as also the added ones,

will fully devote their time and attention and then this

Court will see some concrete changes in the next few

months. The composition of the team will not be

altered unless and until the State informs this Court

and takes its permission. Mr. Mundargi submits that

some harsh remarks and critical observations have

been made in the earlier order but the State would

like to give one more opportunity to the investigating

officer Mr. Tirupati Kakade. He is a dedicated official

and fully devotes himself in performing his duty. He

performs it sincerely and honestly. Let him be given

an opportunity to complete the job or the task

assigned to him.

5.We indicated to Mr. Mundargi that we are

not personally against any official nor we derive any

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pleasure in making critical comments, much less

scathing one. It is only to impress upon the officials

who are present in the Court that it is their duty to

protect and safeguard everybody, including those who

are propounding extreme views and opinions. The

State is duty bound to protect everyone and till now

everybody was speaking and expressing oneself very

fearlessly but now at least some of them are scared.

They fear for their lives. Those committing such

ghastly crimes and the institutions and persons behind

them ought to realise that tomorrow it may be their

turn. Ultimately, extremists and those terrorising

others alone go and eliminate their opponents. The

opponents of such persons may then resort to similar

means. However, violence is not the answer. Violence

only breeds violence. If peace and law and order are

to prevail, then, every crime against the society and

committed in such ghastly manner, as is projected

before us, should be investigated and the guilty have

to be brought to book. This is the prime duty of the

State and it must assure every resident that none will

be victimised hereafter. A chilling message has to be

sent to the perpetrators of the crime and wherever

they are hiding.

6.The second development that Mr. Mundargi

informs us is about the enhancement in the quantum

of the reward. It is now enhanced to Rs.50,00,000/

(Rupees Fifty Lakhs) and if any person gives

information about the absconding accused, he would

be duly rewarded. We impressed upon Mr. Mundargi

that it is the duty of the investigating officials to nab

the accused, even if he is absconding. It is they who

must reach him/her and make every attempt to reach

the accused wherever he or she is hiding. The State

cannot entirely depend upon residents or citizens of

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this country to give them clues or information about

the absconding accused. The State officials should not

be so naive and ignorant and ought to realise that

people who harbour criminals or shield or protect

them otherwise get much more in return than what is

offered by the State. Possibly some of them may be

gaining everyday and every month by shielding and

protecting the accused or by misleading the

investigating machinery with regard to their

whereabouts. Therefore this development can hardly

be termed as positive. Rather, it is an admission of the

inept handling and tardy and slow pace of the

investigation. This is hardly a development worth

noting and by this Court.”

“8.We hope and trust that during the time that is

sought from the Court something worth noting will

occur, this Court would be informed and would be

kept posted about the attempts made to nab and

arrest the absconding accused. The further reports of

the team should be placed on record by both the CBI

as also the Special Investigation Team (SIT).”

25 Vide order dated 26

th

April 2019, this Court (Coram: S.C.

Dharmadhikari & B.P .Colabawalla, JJ.) observed in paras 9 to 11 as

under :

“9.We expect all concerned now to render the

requisite assistance to the investigating machineries

both, at the Central and the State level.

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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 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.”

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26 Similarly, this Court (Coram: S.C. Dharmadhikari & G.S.

Patel, JJ.), vide order dated 14

th

June 2019, in paras 14 to 16,

observed thus :

“14.In so far as the Comrade Govind Pansare

murder case is concerned, the report is taken on

record, but we find that the prosecution in that case is

resting only on the revelations made by the accused in

two other murder cases. It may be that there is a

common thread flowing in the three to four crimes

across Maharashtra and Karnataka. However, there

are peculiarities of every murder case. That element

cannot be excluded from consideration in the manner

suggested in this report. Therefore, the Special

Investigation Team (SIT) in the Comrade Govind

Pansare murder case would have to make independent

efforts to bring all the guilty persons in that crime to

book. They cannot only rest on the statements of

arrested accused and the witnesses in the two other

murder cases.

15.It is stated that the two absconding accused

could not be traced despite serious efforts. We do not

think that announcing rewards and prizes and taking a

police officer or official all over India would result in

the apprehension and nabbing of the absconding

accused. We only remind the Chief Secretary and

Executive that this is not the way in which the crime

as serious as the murder of Comrade Govind Pansare

ought to be investigated and tried. It is the reputation,

image and prestige of the investigating agencies in the

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State of Maharashtra which is at stake. If the Chief

Secretary, Additional Chief Secretary (Home) and the

Principal Secretary in that Department, the Director

General of Police and senior officials are not

concerned about all this, then, we do not know how

they will ever impress upon their subordinates the

seriousness of a fair and complete investigation. Their

investigating skills are put to test in such crime and it

is only when every suspect becomes an accused and

every accused is tried that the police machinery will

come out with flying colours. In the past, the State

police machinery has excelled in their investigation

skills, even when compared with the investigating

agencies abroad. We fail to see that spark and possibly

that is missing in the investigation relating to the

Comrade Govind Pansare murder case. We are not

presuming that the absconding accused would never

be traced. We are sure that they will be nabbed some

day. However, we must not wait till they surrender or

give up. One has to corner them in such a manner that

there is absolutely no escape route and they are left

with no choice but to surrender to the police. That is

surprisingly not happening despite our orders and

observations therein. We hope and trust that when

persons in power proclaim that they would make

every endeavour to win the confidence and trust of

every single person be it him or her, high or low and

belonging to whichever community, caste and religion,

carry them along and extend to them all opportunities

to develop and shape their personality, then the

investigation and the conduct of the police officials in

this case ought to reflect and depict that effort.

Unfortunately, until now, the investigation has not

achieved that standard. Once the political leaders

leading this country proclaim that they stand for

peace, tolerance and upholding of the constitutional

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values, then, the response from the police officials

ought to be in tune with that proclamation. The police

and the Home Ministry officials must realise that their

performance alone will give the confidence, not only

to their political and executive superiors, but to the

general public.

16.We hope and trust that the efforts to nab the

absconding accused would now take a proper course.

It must chart a course which comes from experience,

expertise and a high degree of skill. If necessary, the

investigating officials and the police team must be

guided by their seniors, maybe even retired police

officials. They are still available and the State must

explore the possibility of taking their advice and

opinion.”

27 Again, this Court (Coram: S.C.Dharmadhikari &

G.S.Patel, JJ.), in its order dated 16

th

September 2019, has, in paras 4

to 7 observed as under :

“4.We have also perused the report of the SIT set

up to investigate the other case, namely, murder of

Comrade Govind Pansare. The said report sets out

the steps taken in that case. It is stated that the

signatory of this report is associated with the process

mentioned in paragraph 4 of the report of the

Central Bureau of Investigation and he is aware of the

same.

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5.We are anxious to note as to when this report

will contain a statement of independent steps taken

by the SIT during the course of this prolonged

investigation. Uptil now the SIT is resting on the

steps taken by the investigation team set up to

investigate the murders of Gauri Lankesh and

Professor MM Kalburgi in the State of Karnataka and

Dr Narendra Dabholkar in the State of Maharashtra.

This report does not indicate that independent of the

same, the investigations till date revealed anything

other than the details obtained during the course of

investigation in the other cases.

6. We have expressed even today our displeasure

with this method of investigation. Although we could

have made critical comments with regard to the

contents of the report placed on record by Mr

Tirupati Kakade, the investigating officer who is also

the Additional Superintendent of Police, Kolhapur, it

is only because Mr Mundargi persuades us to give

him one more opportunity that we refrain from

saying anything further. Mr Mundargi prays for such

an opportunity only in the light of recent

developments, particularly the flooding in the region

on account of incessant and continuous rains in this

season.

7.It is in these circumstances, we post these

matters on 14

th

October 2019. We expect a more

comprehensive and better report from the SIT which

is set up to investigate the murder of Comrade

Govind Pansare.”

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28 Again, in its order dated 22

nd

November 2019, this Court

(Coram: S.C. Dharmadhikari & R.I. Chagla, JJ.), observed in paras 7

and 8 as under :

“7.Insofar as the other case is concerned i.e Writ

Petition No. 1565 of 2015 (Smita Pansare & Anr. Vs.

The State of Maharashtra), we have taken on record

the status report of the investigating officer. The

special investigating team set up to investigate this

crime has stated that it is making sincere and genuine

efforts to trace the absconding accused. The details of

the combing operations carried out in the State of

Maharashtra and all over India are set out in this

report. We do not wish to divulge the contents of this

report as well.

8.We think that the alleged failure of the SIT to

bring all accused to book by itself is not enough to

cast any aspersion presently on the capacity and

capability of the investigating team and its officials.”

29 Again, on 16

th

January 2020, this Court (Coram: S.C.

Dharmadhikari & R.I. Chagla, JJ.), in paras 4 to 7 observed as under :

“4. As far as the other case is concerned, namely,

the murder of Comrade Govind Pansare, the status

report of the SIT is tendered and it says that there is

an arrest made by the investigating officers in the State

of Karnataka (SIT, Bengaluru) in the murder of Smt.

Gauri Lankesh. The SIT is keen to investigate, after

this arrest made recently, and trying to ascertain

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whether there is any commonality as far as the role of

the recently arrested accused in the murder of

Comrade Govind Pansare. It is said that a team of

police officers is camping at Bengaluru from 13-1-

2020 and in co-ordination with the SIT, Bengaluru, it

is making the necessary inquiry and investigation.

5.It is stated that by the next date the details of

these measures or steps by the SIT would be placed on

record.

6.Mr. Mundargi has said that apart from what

has been set out in this report, up till now the SIT has

not been able to make substantial progress insofar as

the arrest of the absconding accused. Yet efforts are on

and in addition to the State of Maharashtra, police

teams have been despatched to the State of Uttar

Pradesh, Madhya Pradesh, Gujarat and Goa in this

regard. From time to time, the details of the

operations launched by them are forwarded to the SIT

which are summarised in this report. Mr. Mundargi

says that within the State of Maharashtra as well, the

search operations are carried out and will continue

with the same intensity and seriousness, as before.

7.The SIT is hopeful of tracing out the

absconding accused.”

30 In the order dated 13

th

February 2020 passed by this Court

(Coram: S.C. Dharmadhikari & R.I. Chagla, JJ.), in paras 3 and 4, it is

observed as under :

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“3 In the other crime, Mr. Mundargi, learned

senior counsel submits that there is a report placed

before this Court. That indicates that there are some

developments. The developments would reveal that

the absconding accused are taking shelter in some

parts of India. However, the search team has been

camping in almost every such State where there is a

possibility of the absconding accused, and required in

several crimes, taking shelter and residing by changing

their identities.

4 With the help of modern technology,

including taking assistance from the service providers,

the location of such persons would be ascertained.

Thereafter, intense search would be undertaken.

Presently, some clues are available, but Mr. Mundargi

says that it will not be proper to disclose the clues or

the details in relation thereto.”

31 We may note that there are several orders passed by this

Court in the aforesaid writ petition alongwith other connected

petitions, from time to time, apart from what are reproduced

hereinabove.

32 As there has been no headway or breakthrough in the

investigation till date, the applicants have filed the aforesaid

application, seeking transfer of investigation from SIT to the ATS,

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Maharashtra. According to the applicants, despite SIT filing their

reports, stating therein that investigation is in progress, in respect of

the two absconding accused who are named as shooters, no arrests

have been made, till date. The applicants want not only the shooters

to be arrested but even the mastermind behind the said killing of

Comrade Pansare.

33 Learned counsel for the applicants submits that the real

breakthrough in the four murder cases i.e. of Dr. Dabholkar,

Comrade Govind Pansare, Dr. M.M. Kalburgi and Gauri Lankesh,

came when ATS, Maharashtra investigated the Nallasopara Bomb

Blast case in 2019. Pursuant to the investigation carried out by ATS in

the said case and the names revealed, in particular of Sharad Kalaskar

and Sachin Andhure, CBI dropped Sarang Akolkar and Vinay Pawar’s

names, as accused, at the time of filing of supplementary charge-sheet

in Dr. Dabholkar’s case on 13

th

February 2019. According to the

learned counsel for the applicants, the charge-sheet filed by the ATS,

Maharashtra, in the Nallasopara Bomb Blast case, reveals the gravity

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of all the cases and that the accused arrested in the four murder cases

as well as in the Nallasopara Bomb Blast case, were frontline accused

and that they alongwith the mastermind, had hatched a conspiracy to

kill intellectuals. It is submitted that the part of the mastermind and

conspiracy to kill intellectuals, is still to be investigated. He submits

that a perusal of the charge-sheet in the Nallasopara case, would

reveal that a large number of explosives, ammunition and such other

material were confiscated by the ATS, Maharashtra and that there

exists a common sophisticated network of criminals and organisations

behind the said murders. In order to place on record the gravity of

the situation in the four murder cases and as to how some

organizations were vitiating the minds of young people to achieve its

objective, the applicants have reproduced the extract taken from the

Nallasopara charge-sheet in the application at page 40. The same

reads thus:

“ng”kroknh VksGhph mfí’Vs% xqUákrhy vVd vkjksih o ikfgts

vkjksih gs *lukru laLFkk*- ^fganw tutkx`rh lferh* o lefopkjh

fganw la?kVukaps lfdz; lnL; vkgsr- vVd vkjksih o ikfgts

vkjksih ;kauh *lukru^ laLFksP;k *{kk=/keZ lk/kuk* ;k iqLrdkrhy *fganw

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jk’V*ª fufeZrh dj.ks ;k mís”kkus izsfjr gksÅu rFkkdfFkr fganw jk’Vª

fufeZrhps mfí’V iwrhZps gsrwus vkikilkr laxuer d:u rFkkdfFkr

fganw /keZ fojks/kh d`r; vkf.k rFkkdfFkr fganw /kekZ fojks/kh

cksy.kk&;k@fy[k.k dj.kk&;k o rFkkdfFkr fganw /kekZoj

VhdkfVIi.kh dj.kk&;k dk;Zdzekl o fp+++=iVkaUkk ng”krhP;k ekxkZus

fojks/k d:u lkekU; tuekulkr ng”kr fuekZ.k dj.;kP;k gsrwus

xksiuh;fjR;k ng’kroknh VksGh r;kj dsyh- lnj VksGh fg

Hkkjrkph ,drk] v[kaMrk] lqj{kk o lkoZHkkSeRo ;kuk /kksdk

iksgpfo.;kP;k m|s”kkus@ns”kh cukoVhph fiLVYl o xkoBh

ckWEc ;kpk okij d:u rFkkdfFkr fganw /kekZ :<h o izFkk ;kaP;k

fojks/kkr foMacu] oDrO;] fy[kk.k dj.kk&;k O;Drh] dk;Zdze ;kuk

y{k d:u R;kfBdk.kh ?kkrikrh dkjokbZ d:u yksdkae/;s ng”kr

fuekZ.k dj.ks ;k mís”kkus r;kj dj.;k vkyh vkgs-”

34 Learned counsel for the applicants submits that even the

weapons used in the four cases were similar. He submits that initially

Sharad Kalaskar and Sachin Andhure were shown as witnesses in

Comrade Pansare’s case, however, subsequently pursuant to the

investigation carried out by the ATS, Maharashtra, they were dropped

as witnesses by the State. The grievance of the applicants is that

although, common weapons were used and some of the accused are

common, no investigation has been done to find the shooters and the

mastermind. He submits that a combined reading of the five charge-

sheets and a specific reading of the charge-sheet in the Nallasopara

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Bomb Blast case, would make it clear that there exists a deeper and

larger conspiracy, however, the mastermind behind all the five cases

have not been traced, till date.

35 As far as Comrade Pansare’s case is concerned, it is not in

dispute that Sachin Andhure and Vinay Pawar, the alleged shooters,

are still absconding. According to the learned counsel for the

applciants, till the breakthrough in the Nallasopara’s case, Sharad

Kalaskar and Sachin Andhure, who are now named as shooters in

Dr. Dabholkar’s case and who are also accused in the other cases,

including the Nallasopara case, were shown as witnesses in Comrade

Pansare’s case. He submits that hence the Pansare family preferred an

application before this Court and brought the same to the notice of

this Court. He submits that thereafter, in the supplementary charge-

sheet dated 6

th

September 2019, the said witnesses were named as

accused in Comrade Pansare’s case and thereafter, Supplementary

charge-sheet was filed against them and they were arraigned as

accused. According to the learned counsel for the applicants,

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investigations have not made any headway as is reflected even from

the observations made by this Court from time to time and hence, the

applicants pray for transfer of investigation to the ATS, Maharashtra.

36 It appears to us, that it is only when the ATS, Maharashtra

cracked the Nallasopara case, that the accused arrested in the said

case, were identified as shooters in Dr. Dabholkar murder case and

other cases. As investigation by ATS, Maharashtra, had yielded

positive results, the applicants pray that the investigation in Comrade

Pansare’s case be handed over to a specially dedicated team of ATS,

Maharashtra. The applicants have further stated in the application,

that the trial of the accused in the present case can continue, and, that

the investigation can be transferred without disturbing the present

status of the case.

37 Considering the prayer of the applicants, we asked the

learned Special P.P. Mr. Mundargi to take instructions on the said

application, seeking transfer of investigation from SIT to ATS,

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Maharashtra. Pursuant thereto, Mr. Mundargi tendered a letter dated

25

th

July 2022 addressed to him by Mr. Retesh Kumaarr, Addl. DGP,

CID, Maharashtra State, Pune. In the said letter, the Addl. DGP, CID,

has stated that either a new team of SIT can be constituted or the

investigation can be transferred to ATS, Maharashtra, if the High

Court so desires. We had, on the last occasion, whilst hearing the

application, asked Mr. Mundargi to take instructions whether a few

members of the ATS could join the SIT. Today, Mr. Mundargi informs

us that the officers who have investigated the Nallasopara case, have

already been transferred and as such, the SIT has no objection, if the

said investigation is transferred to ATS, Maharashtra. He, however,

states that some of the officers of SIT can be part of the investigation

conducted by the ATS, Maharashtra, so as to ensure continuity in the

investigation.

38 We have noted several orders passed by this Court. On the

last date, Mr. Mundargi had tendered the latest report in a sealed

envelope. We have opened the seal and perused the said report. The

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reports are resealed. The said reports to be kept in the safe custody of

Registrar (Judicial-I).

39 No doubt, SIT has taken steps, however, we do not find

any major headway being made in the said investigation. Despite the

efforts of the Officers of SIT, there is no breakthrough. This Court in

the aforesaid petition has been monitoring the investigation since

2016. SIT has been regularly submitting reports with respect to steps

taken to nab the shooters. However, till date, they are absconding.

The wait for the family of Comrade Pansare has been long, for almost

seven years. There is a legitimate expectation not only for the family

of Comrade Pansare, but also the public at large, to see that the

perpetrators of the ghastly crime, are brought to book. And, this is

the responsibility of the investigating machinery, which exists to

preserve law and order. In the present case, SIT and ATS, both are

part of the Maharashtra Police. The transfer of investigation, even

according to Mr. Nevagi, learned counsel for the applicants and Mr.

Mundargi, Special P.P., will not impede the ongoing trial. We are of

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the opinion, that transfer is necessiated to ATS to enable them to look

at the investigation from their angle, as enough and more than

sufficient time was given to SIT by this Court. It is necessary that

investigation is taken to its logical end, failing which, the perpetrators

of the crime would be emboldened.

40 Hence, having regard to what is stated aforesaid and also

the statement made by the learned Special P.P, we deem it appropriate

to transfer the investigation to the ATS, Maharashtra.

41 Accordingly, the Additional Director General of Police,

ATS, to constitute a team of ATS Officers on similar lines, as

constituted earlier, by SIT. The said team to include some of the

officers of SIT, who have been investigating the said case and are in

the know-how of the investigation carried out, till date. The

constitution of the team shall be done at the earliest, and in any event,

within one week from the date of uploading of this order.

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42 We direct the SIT to hand over all papers of investigation

in the Comdrade Pansare’s case to the Additional Director General,

ATS, within one week from the date of uploading of this order.

43 The Addl. DGP (ATS) to place on record on the next date,

the names of Officers of the ATS team and their designations.

44 Needless to state, that as done earlier, SIT and CBI to

provide necessary co-operation to ATS, Maharashtra, in its

investigation in the murder of Comrade Govind Pansare.

45 Application is allowed in the aforesaid terms. To be listed

on 20

th

August 2022, for recording compliance of the constitution of

the team of ATS Officers, including some Officers of SIT.

46 We may note, that the application was heard at length on

the earlier date i.e. on 1

st

August 2022 and was kept today, only to

enable Mr. Mundargi, Special P.P. to take instructions, as noted by us

earlier. Today, in the midst, when Mr. Mundargi told us, on the

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instructions taken by him, Mr. Jha appearing for the accused tried to

intervene, stating that he be permitted to intervene and address the

Court. The said intervention was vehemently refuted by both, Mr.

Nevagi and Mr. Mundargi. They submitted that the accused had no

locus and that a similar attempt made earlier, was not permitted by

this Court. There is no application on board filed by the accused

seeking intervention in the aforesaid application. Hence, oral request

to intervene is refused.

47 Learned A.P.P assures to forward a copy of this order to

the Additional Director General, ATS, Maharashtra.

48 All concerned to act on the authenticated copy of this

order.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.

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