Over a decade after the tragic murder of rationalist Narendra Achyut Dabholkar, a special CBI Court in Pune on May 10 sentenced his assailants Sachin Prakashrao Andure and Sharad Bhausaheb Kalaskar to life imprisonment for murder. A fine of ₹5 lakh was also imposed.  The court however, acquitted three other accused — alleged mastermind Virendrasinh Sharadchandra Tawade, lawyer Sanjeev Punalekar and his assistant Vinay Bhave due to the failure of both the Maharashtra police and the Central Bureau of Investigation (CBI) to procure sufficient evidence.

Harsh words and comments on the conduct of the probe by India’s prime investigative agency, the CBI can be found in the 171 page judgement. While castigating the approach of the defence that has brazenly attempted to justify the killing labelling him “anti-Hindu”, the Court recognised the “pre-planning” behind the daylight assassination by “masterminds.” “Unfotunately,” however, states the court, “the prosecution has failed to unmask those master minds. “An overall shoddy and lackadaisical approach on the evidence gathering by the CBI, including the failure to establish the veracity of the confessional statement of Sharad Kalaskar recorded under the KCOC Act, ensured that such evidence could not be considered.”

“In the present case, the CBI ought to have carried out detailed investigation in that angle… The main master mind behind the crime is someone else. Pune police as well as CBI has failed to unearth those master minds. They have to introspect whether it is their failure or deliberate inaction on their part due to influence by any person in powers.” [Para 108, Page 160]

Sessions Judge Prabhakar P. Jadhav therefore concluded that that while the two convicts executed the murder, “the main mastermind behind the crime is someone else”. The two convicts hail from Chhatrapati Sambhaji Nagar (then called Aurangabad district) in Maharashtra. Andure worked as an accountant in a private shop and Kalaskar was a farmer.

The 69-year-old Dabholkar was shot dead on August 20, 2013, by two motorcycle-borne assailants on the Omkareshwar bridge near Pune’s Shanivar Peth area when he was out on a morning walk. Dabholkar’s murder along with three other similar murder cases — that of veteran communist leader and trade unionist, Govind Pansare (February 2015), cholar of Kannada, MM Kalburgi (August 2015) and Bengauluru based journalist, Gauri Lankesh(September 2017) had sparked prrotest and national outrage against the targeting of critics of Hindutva and campaigners against superstition and orthodoxy. Activists and stakeholders over the years have demanded a probe into the possibility of a common conspiracy on the ground that the pattern of execution of the killings were similar.

The judgement is a slight setback to the conclusion of investigators in Maharashtra and Karnataka that a right-wing organisation called Sanatan Sanstha was commonly behind the heinous murder of ideological adversaries between 2013 and 2017, although the question is still alive in three other ongoing murder trials.

Virendrasinh Tawde, an otolaryngologist associated with the Sanstha’s activities, is the one acquitted of the conspiracy charge. He was an aggressive opponent of Dabholkar and his Andhashraddha Nirmoolan Samiti Maharashtra, an organisation campaigning against superstitions. Despite the court finding that Sachin Andure and Sharad Kalaskar, young men associated with the Sanstha, were the ones who shot dead the 69-year-old Dabholkar in Pune, it criticised the failure to “unmask the masterminds”. This meant that the role of the Sanatan Sanstha is yet to be legally established in this case, although the court has noted the manner in which the defence lawyers sought to tarnish the image of Dabholkar and his activities.

Additional Sessions Judge P.P. Yadav’s 171-page judgment points out that the existence of a motive will be insufficient to prove a conspiracy, and that reliable and direct evidence is required to show that the accused had acted on the motive. However, the judge does find it strange that the defence was seeking to establish during cross-examination of witnesses that the victim was “anti-Hindu”.

The Sanatan Sanstha’s role, according to investigators in Maharashtra and Karnataka, was seen in the murders of Govind Pansare, a leftist leader at Kolhapur in Maharashtra (2015), academician M.M. Kalburgi (Dharwad, 2015) and journalist Gauri Lankesh (Bengaluru, 2017).

In fact, it was a ballistics analysis of the gun used to kill Lankesh – by the SIT appointed by the Karnataka government – that disclosed that it was the same weapon used in the murder of Kalburgi. Several common features in the four murders have so far been unearthed, leading the police to conclude that a single syndicate has been active in seeking to eliminate adversaries. The governments in Maharashtra and Karnataka must show greater political will in combating such threats to independent thinkers and activists.

Narendra Dabholkar a crusader leader and activist

Dabholkar was a physician, activist, rationalist and author based in Maharashtra. He founded the Committee for the Eradication of Blind Faith (Maharashtra Andhashraddha Nirmoolan Samiti, or MANS) after leaving his decade-long medical practice. He was also the editor of the weekly Marathi magazine Sadhana which championed liberal thought and scientific temperament. As a prominent crusader against religious superstitions, he was highly critical of godmen who promised “miracle cures” to ailments.

Dabholkar also spent decades advocating for a law to ban fraudulent and exploitative superstitious practices and played a crucial role in drafting the Andhashraddha Nirmulan Bill, 2005 (Anti-Superstition Bill) which was pending before the Maharashtra legislature at the time of his death. This law was opposed by various organisations and political parties for being “anti-Hindu”. In a twist of welcome irony, it was finally passed as an ordinance on August 24, 2013 — days after Dabholkar’s death. In December of that year, the State legislature passed the Maharashtra Prevention and Eradication of Human Sacrifive and Other Inhuman, evil and Abhorrent Practices and Black Magic Act, 2013.

The investigation and case

Over the past decade, various investigating agencies have handled the case starting from the Pune police to the Maharashtra Anti Terrorism Squad (ATS). In 2014, the CBI took over the case following a Bombay High Court direction. The next year, the High Court began monitoring the probe after  members of Dabholkar’s family complained that there that there had been no progress in the investigation. It was only last year that the Court  decided to discontinue monitoring after expressing some satisfaction with the way the trial was progressing. of the trial.

On Friday, May 10, Sachin Prakashrao Andure and Sharad Bhausaheb Kalaskar were convicted under Sections 302 (murder) and 34 (common intention) of the Indian Penal Code, 1860 (IPC), along with charges under the Indian Arms Act, 1959. However, the rest of the three accused were acquitted of charges under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Section 120B of the IPC (criminal conspiracy).

During the proceedings, the prosecution examined 20 witnesses which included various close associates of the Sanatan Sanstha, an extreme right-wing Hindu organisation which had expressed strong opposition to the 2005 Anti-Superstition Bill spearheaded by Dabholkar. The Court identified this enmity as the primary motive for the murder. Other witnesses included Dabholkar’s son Hamid and activists from the Maharashtra Andhashraddha Nirmoolan Samiti.

The first accused in the case, ENT surgeon Virendrasinh Tawde, was arrested in June 2016 with the CBI claiming that he was a coordinator for Sanatan Sanstha in Kolhapur and had personal differences with Dabholkar. Before his arrest in this case, Tawade had also been arrested by the Maharashtra police for the murder of CPI leader, Govind Pansare. The CBI charge sheet stated that he was the “mastermind” of the conspiracy to commit the murder.

The two convicted assailants — Andure and Kalaskar were arrested only in 2018 when their role in the murder of Gauri Lankesh came up. The ATS apprehended the duo with the help of Karnataka Police’s Special Investigation Team (SIT). They were subsequently named in a supplementary charge sheet filed in February 2019. Eventually, in May 2019, Mumbai-based lawyer Sanjeev Punalekar was arrested along with his close aide Vikram Bhave who was earlier convicted for his role in the 2008 Gadkari Rangayatan Theatre bomb blast in Thane. All the accused were allegedly linked to the Sanatan Sanstha.

According to the CBI, Bhave reportedly participated in a recce along with Andure and Kalaskar about 15 days before the murder. In its charge sheet, the agency claimed that Punalekar had advised Kalaskar to destroy the firearms used in multiple murders – including that of Dabholkar and Gauri Lankesh. On Punalekar’s instructions, Kalaskar had allegedly thrown four country-made pistols into a creek near Thane on July 7, 2018. However, the agency later told the trial Court that efforts to recover the murder weapon had been unsuccessful!

It was on September 15, 2021 that charges were framed against the five accused by the special CBI Court marking the beginning of the trial.

The verdict

In its detailed 171 page judgement the Court has called out the CBI for a failure to investigate thoroughly, a lackadaisical approach to the gathered evidence, ensuring that the “masterminds” are not nabbed and that conspiracy is not proven. “The murder is committed with very well-prepared plan, which is executed by accused Nos. 2 (Andure) and 3 (Kalaskar). Considering the economic and social status of the accused Nos. 2 and 3, they are not the masterminds of the crime. The main mastermind behind the crime is someone else. Pune police as well as CBI has failed to unearth those master minds. They have to introspect whether it is their failure or deliberate inaction on their part due to influence by any person in powers”, it underscored.

Emphasising further that Tawade, Punalekar and Bhave were being acquitted only due to the shoddy investigation conducted by the CBI, the Court observed — “There is evidence of motive for murder of Dr Narendra Dabholkar against accused No.1 Dr Virndrasinh Tawde. There is reasonable suspicion against accused No. 4. Sanjiv Punalekar and accused No.5. Vikram Bhave, showing their involvement in the present crime. However, the prosecution has failed to establish the involvement of accused Nos. 1, 4 and 5 by leading reliable evidence to convert motive and suspicion into the form of evidence showing their involvement in the crime.” Accordingly, terror charges under Section 16 of the UAPA and charges of criminal conspiracy were dropped against the three accused.

The Court also criticised the Maharashtra state authorities for procedural lapses in obtaining appropriate sanction orders for the prosecution of the acquitted accused under the UAPA. The Rules prescribed for the law mandate that the competent authority must submit its recommendation for sanction to the Central or State Government within seven working days of receiving evidence gathered by the investigating officer. However, during the proceedings, it was revealed that Shirish Nagorao Mohod, then Deputy Secretary and Sanjay Kumar Shyamkishor Prasad, then Additional Chief Secretary of the Mumbai Home Department had failed to process the sanction orders on time. [Paras 65-66, Pages 115-116]

“Considering the status of deceased this case is of national importance. Despite the said fact, casual and negligent approach of PW15 (Shirish Nagorao Mohod) and PW19 (Sanjay Kumar Shyamkishor Prasad), is not only shocking but requires condemnation. It shows that even through this case is of national importance, officers on high posts PW15 and PW19 have not shown utmost care and caution expected from them.”State of Maharashtra v. Virendrasinh Tawde and Ors (2024)Sessions Case No.706/2016

“Present case is very serious and is of national importance. Not only, Dr. Narendra Dabholkar is assassinated but an attempt is made to finish his ideology”, judge Jadhav critically noted. He also implicated Sanatan Sanstha and its affiliates—Hindu Janjagruti Samiti, Warkari Sampraday, and others for “nurturing bitter enmity against” the rationalist. [Para 72, Page 125]

The Court also expressed serious reservations over the conduct of defence counsels during the proceedings. It pointed out how attempts were made to imply that Dabholkar was “hated” because he had “insulted Hindu gods”. Calling this approach “very strange and is condemnable”, the Court further highlighted, “The charge sheeted accused and defence counsels have not merely attempted to raise the defence. From unnecessary and irrelevant lengthy cross-examination of the prosecution witnesses and even in final argument, an attempt is made to tarnish image of the deceased. At the same time, the approach of the defence was to justify the killing of the deceased Dr. Narendra Dabholkar, by labelling him as anti-Hindu.”

After perusing the testimonies of eyewitnesses, the Court concluded that Andure and Kalaskar had indeed shot Dabholkar dead.

The battle for justice continues

Speaking to the media the day of the judgement, son and daughter of Dabholkar, Hamid and Mukta, stated that the conviction of Andure and Kalaskar had reaffirmed their faith in the judiciary but they intended to appeal against the acquittals of the other five accused.

“We are satisfied that the two accused have been convicted and sentenced to life, but the masterminds also need to be punished. We are determined to pursue justice and take the case to the Supreme Court. The charge sheets, including those related to murders of Govind Pansare, M.M. Kalburgi, and Gauri Lankesh reveal alarming connections, indicating a broader conspiracy spanning multiple cases. All the cases have a common thread, which is what investigation agencies have been saying. Until the conspirator in all these cases is apprehended, the safety of all rationalists remains in jeopardy.”

The judgement may be read here:

Related:

10 years since Narendra Dabholkar’s murder, protest in Mumbai, SC asks CBI to look into ‘larger conspiracy’

Dabholkar murder case trial to begin soon; Pune court frames charges against accused

Bombay HC disturbed at delay in Dabholkar-Pansare murder investigation

The post Rationalist Murders: Slamming CBI’s shoddy probe & failure to nab masterminds, Pune court slams attempt to “finish off Dabholkar’s ideology” appeared first on SabrangIndia.

 

The accused in the Narendra Dabholkar assassination case, Sharad Kalaskar, has confessed to have shot at the rationalist twice in Pune on August 20, 2013.

According to an NDTV report, Kalaskar told Karnataka Police how he shot the 67-year-old twice – once in the head from behind, and when he fell, once above the right eye. He also said that his companion, Andure, also shot Dabholkar, reported Deccan Herald. Andure is a member of the Right-wing Hindu Janajagruti Samiti. 

The NDTV report said that in a “chilling” 14-page-confession, Kalaskar has also admitted to being linked to two other murders – that of communist leader Govind Pansare and journalist-activist Gauri Lankesh.

As NewsClick had reported earlier, the Central Bureau of Investigation (CBI) team had arrested Sachin Prakashrao Andure from Aurangabad on August 18, 2018, alleging that he was among those who shot Dabholkar. Andure was the fourth person to be arrested in the case. On June 20, 2014, Manish Nagori and Vilas Khandewal were arrested by Pune police.

Following a PIL filed by journalist Ketan Tirodkar, the CBI had taken over this case in May 2014, on the direction of the Bombay High Court. In May 2016, Virendra Tawde of Sanatan Sanstha (SS) was arrested in connection with the case. Along with Tawde, the CBI has named Vinay Pawar, who is missing since 2009, Sarang Akolkar, who is absconding in the October 2009 Goa blast case, as prime suspects. 

Sharad Kalaskar, who had confided to the Karnataka SIT that Sanjeev Punalekar had asked him to destroy evidence, was arrested by Maharashtra ATS in the Nalasopara case, and he was taken into custody by the CBI as he confided that he and Andure were involved in the killing of Dabholkar.

In his confession, Kalaskar has said that he was brainwashed by Virendra Tawade of SS to “kill all the evil people”—evil people here being the anti-Hindutva voices. Kalaskar had confided to the Karnataka Special Investigation Team (SIT) investigating Gauri Lankesh’s case that Punalekar had asked him to destroy the guns used in assassinating Dabholkar, Govind Pansare, M M Kalburgi and Gauri Lankesh.  Punalekar, the lawyer of SS, along with his assistant Vikram Bhave were arrested by the CBI on May 25, 2019. 

It is after a long chase of six years that the CBI has managed to crack the case, and it has now established that it was an ideologically motivated political assassination. Every person arrested so far by the CBI, SIT of Karnataka and Maharashtra are directly or indirectly linked to SS and its splinter groups like Hindu Janajagruti Samiti (HJS). Will Sanatan Sanstha be roped into the investigation? 

Sanatan Sanstha advocates violence as a tool for the “protection of religion” and establishing a Hindu Rashtra. A day after Dabholkar’s death, SS had published a statement by its founder, Jayant Athavale on its website. It read: “Births and deaths are predestined and everybody gets the fruit of their karma. Instead of dying bedridden t0hrough illness, or after some surgery, such a death for Dabholkar is a blessing of the Almighty.” Athavale added that though “Dabholkar was an atheist and did not believe in god, the same god would give solace to the departed soul.”

The Goa-based SS has the vision of establishing a “Hindu Rashtra” (a Hindu nation) and propagates extremist Hindutva ideology. The organisation gives a call to, in its founders’ words, “destroy evildoers if you have been advised by saints or Gurus to do so. Then, these acts are not registered in your name.” Those who oppose the idea of the Hindu Rashtra are the evildoers for the SS. The investigations have shown that the Sanstha and its volunteers are not likely to stop at this, and may be willing to kill many more voices that do not cheer for Hindutva – just like Kalaskar.

First published on Newsclick.in

The post ‘I Shot at Narendra Dabholkar Twice’: Sharad Kalaskar Confesses appeared first on SabrangIndia.

While hearing the petitions filed by the family members of Dabholkar and Pansare, seeking court supervision into probes conducted by central and state agencies, a division bench of Justice S C Dharmadhikari and Justice B P Colabawalla said, “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 the officials in-charge of machinery of law and order in that state acted swiftly and without any intervention of the court.”

It went on to say that after the murder of journalist-turned-activist Gauri Lankesh, nobody had filed a petition in the court; instead the authorities suo-motu took action. Whereas here the family members had to plead to the court for its intervention.

Further expressing its displeasure over the laidback response by the state, the judges said that they do not want the Maharashtra government to expect court orders to investigate murders. “Bureaucrats at the helm of affairs have to show people how they deal with such attacks,” the bench directed.

The court has directed the chief secretary of the state to conduct meetings with the additional chief secretary, home, and principal secretary of finance along with Central Bureau of Investigation (CBI) and Special Investigation Team (SIT) officers and decide what assistance should be provided to the investigating agencies in the probe. It further directed the state to provide ground-level assistance if the CBI proposes to carry out any major operation.

The CBI SIT is investigating the Dabholkar murder and the state CID is probing the Pansare murder. Last year, the CBI had claimed to have arrested two men who allegedly shot Dabholkar.
 

The court then expressed concern over the intervention of political parties in the rationalists’ murder probes and said, “All political parties, those who are in power now and in future, should ensure that no outfit or person involved in such attacks is spared.”

“No one should attempt to silence any voice of dissent. That should be our endeavour. We expect all political parties and their bosses to show maturity and not create obstacles in the investigation,” Justice Dharmadhikari said.

Even in March, the Maharashtra state had drawn flak from the Bombay HC in the Pansare murder case where it said that the state had become a ‘laughing stock’ after reading the SIT report. The bench said, “Let the state feel some pressure. It must face consequences some day. For most often, the police get away. No memos are issued, no explanations sought.”

Narendra Dabholkar, the founder of the Maharashtra Andhashraddha Nirmoolan Samiti, was murdered in 2013 for his work against the superstitious beliefs. Govind Pansare, a politician from the CPI, was known for his rationalism and for his book ‘Who was Shivaji’ which was an attempt against the appropriation of the Maratha king by right wing forces. He also ran an organisation that encouraged inter-caste marriages. He was killed in 2015.

The investigations have shown that the possibility of the same set of people having been involved in an attempt to silence the anti-Hindutva, rational and secular voices in the country through these assassinations is no longer a mere speculation.

Such barbaric and inhuman acts are an extreme way to kill the voices of those who dared to put forth their opinions and raise their voices against the injustice meted out on people in the name of religion and customs. It’s time that the authorities pull up their socks and get a hold of the anti-democratic forces plaguing our nation.

Related Articles:

The post ‘Do Not Expect Court Orders to Investigate Murders’: Bombay HC on Pansare and Dabholkar Murder Probe appeared first on SabrangIndia.

wo years ago, on this day, Govind Pansare, was shot when he was returning after a morning walk with his wife in Kolhapur in the morning. He died four days later, on 20th February, 2013. He was vocal in his support for the rationalist, Narendra  Dabholkar, and, who was killed a year and a half earlier, on 20th August, 2013. On that same day, Pansare had come to pay his final respects. The next day he told the Times of India that the attack was not personal, but ideological. Dabholkar, founder of the Maharastra Andhashraddha Nirman Samiti (Maharashtra Blind Faith Eradication Committee), and Pansare, a member of the Communist Party of India (CPI), were both rationalists targeted for their beliefs. A year later, M.M. Kalburgi, would also be killed in Dharwad.After Dabholkar's murder, Avinash Patil, his long time associate, was elected to carry the activities of MANS forward. Patil, currently in Delhi, explains the current status of the investigations in an interview with the Indian Cultural Forum.

The post Why are the Murderers of Dabholkar, Kalburgi and Pansare Still Absconding? appeared first on SabrangIndia.

In another development, the CBI submitted in a sealed cover a forensic report from Ahmedabad Forensic Laboratory on ballistic evidence related to the killing of the three rationalists — Dabholkar, Pansare and Kalburgi.

A bench of Justices S C Dharmadhikari and B P Colabawalla said it was “very unhappy” over the tardy progress in the murder probes.

The judges further said there was also no development in the proceedings of trial courts in Pune and Kolhapur which are trying Dabholkar and Pansare murder cases, respectively.

The Central Bureau of Investigation (CBI) had informed the High Court earlier that it had sent forensic evidence to Scotland Yard to seek its opinion on whether same weapons were used in the murders of Dabholkar and Pansare in Maharashtra and the killing of another rationalist M M Kalburgi in Karnataka.

“Scotland Yard has informed us in writing that no legal agreement existed between the two countries on sharing of forensic data and hence it will not help by conducting a forensic probe into these murder cases,” Additional Solicitor General Anil Singh told a division bench hearing petitions filed by the families of the two slain rationalists.

CBI also submitted in a sealed cover a forensic report from Ahmedabad Forensic Laboratory on ballistic evidence related to the killing of the three rationalists. This is the third ballistic report from a forensic lab, the other two being that of labs in Mumbai and Bengaluru.

The CBI, probing Dabholkar’s murder, and the Special Investigating Team (SIT) of state CID, probing the killing of Pansare, also submitted reports in separate sealed covers to the high court on the progress made in these two cases.

The judges perused the reports and asked the two investigation agencies not to reveal the contents to anyone, including media, as the probe was still on.

SIT counsel Ashok Mundargi said, “The probe in Pansare killing is on. We have identified two absconding suspects. The chargesheet has been filed and we are investigating further.”

On a plea made by the two agencies seeking eight weeks time to conduct further probe, the bench deferred the matter till March 20.

While Dabholkar was murdered in Pune on August 20, 2013, Pansare was shot on February 16, 2015 in Kolhapur. He died on February 20 that year. Prof Kalburgi was murdered on August 30, 2015.

The families of Dabholkar and Pansare today said they were not happy with the progress in probe in the murder cases.

“The investigation agencies are very slow and the contents of forensic reports always reach the media first,” their lawyer Abhay Nevgi said.

Outside the court after the hearing concluded today, the family members of Dabholkar, son Hamid and daughter Mukta, distributed pamphlets seeking arrest of the wanted accused.

Megha Pansare, daughter-in-law of the slain rationalist Govind Pansare, staged a silent protest demonstration demanding arrest of the wanted accused.

Megha said not much progress had been made in the last two years in the murder cases. However, she refused to comment on the probe being conducted by the investigating agencies.

The judges today came down heavily on the CBI and SIT for slow progress in the investigations into the killing of the two rationalists — Dabholkar and Pansare.

The bench, which is monitoring the investigations, also cautioned the agencies not to disclose any information about the cases to anyone, particularly to the media saying this would hamper probe.

On an earlier occasion, the bench had noted that delay caused by the probe agency would not only benefit the accused but would also give a bad impression to the society at large.

The probe agency had earlier told HC that it had sent bullets and empty shells recovered from Pansare’s body and the crime scene to Scotland Yard to ascertain if there was any link between the Dabholkar, Pansare and Kalburgi murders.

As Mumbai and Bengaluru forensic labs had given conflicting opinions, it also wanted a third opinion from another forensic lab. Hence, it had sent evidence to Ahmedabad forensic lab for its opinion. Its report was today submitted to the high court.

Courtesy: Janta Ka Reporter
 

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