Thread by @LiveLawIndia

Bombay High Court is hearing slain rationalist NARENDRA DABHOLKAR 's family's plea to continue monitoring the investigation and trial in the 2013 incident.

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Adv Abhay Nevagi for the Dabholkar family

Advs Subhash Jadhav and Ghanshyam Upadhyay for accused Vikram Bhave and Sharad Kalaskar

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HC to accused - As far as monitoring is concerned, you may not have any legal right to oppose.

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HC - Accused has no locus standi or right to choose the investigator or the mode of investigation. Today we are only on the point of whether or not to continue monitoring the investigation.

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Adv Nevagi - Investigation was transferred to CBI...In March 2021 the CBI said it was looking for the main conspirators.

So here they are saying we are still investigating, which is reason to continue monitoring.

Adv Nevagi - ASG sought the indulgence of this court to seek the ballistic report from the Karnataka police because there are two forensic reports. Subsequently on the court's directions the report came.

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HC - Is there something in the previous order that still needs to be compiled?

Adv Nevagi - There is only one issue because of which monitoring is required. The main conspirator is not arrested ..

HC - who?

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Adv Nevagi - If we would have known we would have filed the complaint.

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HC - See the CBI is the premiere investigation agency.... We should not presume.

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Adv Nevagi - Let us come to the other ground realities ...

HC - Don't get swayed.. stick to this case.

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Adv Nevagi - I am not getting swayed. This case itself is the outcome of the investigation in the Nalasopara case. Mr. Dabholkar was shot dead, the same day 2 people were arrested....

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HC says that though the weapons may be the same. The crimes are all different

Though the head of the Organised Crime is one, the victims are different and the possible people hired is also different. But the weapon used may be the same.

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Adv Negavi - The difference is all these murders were for ideological differences. The comparison cannot be drawn between and

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Adv Nevagi - .... These murders and organised crime attacks.

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Adv Nevagi - Another question.. What will happen if the monitoring is continued?

HC - Monitoring now would also mean monitoring the trial. The trial court may get influenced or pressurised. Therefore, how should this be balanced.

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HC - We are repeatedly asking you what is left to be investigated.

Adv Nevagi - The mastermind of the four murders (Narendra Dabholkar, Govind Pansare, Kalburgi and journalist Gauri Lankesh) needs to be arrested.

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Adv Nevagi - Amol Kale was arrested in Dabholkar case. He is also an accused in Gauri Lankesh's case. Justice Lalit was very firm on his opinion that all four cases should have been investigated by one agency ... Families were opposing...the governments were different

Adv Nevagi - I can file a list showing the accused that are common in all five cases. Give me liberty to file. I'll file it on coming Monday.

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Adv Negavi - These people are killed on the basis of ideology. Just because someone didn't like how they thought

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Adv Nevagi - I have never asked for monitoring of the trial. Not then not now.

While concluding his arguments Adv Nevagi said that the ATS seems to have made some headway in Govind Pansare's case which will directly impact the present matter. Therefore, the matter should be kept pending for at least 6 more months.

After Adv Subhash Jha for the accused cited a few judgements on why the matter shouldn't be kept pending, the court reserved the matter for orders.

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