Ketan K. Tirodkar v. Central Bureau Of Investigations
2018-04-19
BHARATI H.DANGRE, S.C.DHARMADHIKARI
body2018
DigiLaw.ai
JUDGMENT 1. In the two matters, reports are filed. 2. At a brief hearing today, we have made it clear to the learned Additional Solicitor General as also to the learned special counsel Mr. Mundargi that the two investigating agencies placed in-charge of these investigations have been regularly filing reports and they are placed in sealed covers in the record of these cases. 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. 4. Both the learned senior counsel state that all this has resulted in at best getting information of the absconding accused being in touch with these relatives or family members. Beyond that, it is not possible for the investigating agencies to obtain substantial information about the location of these absconding accused. Some persons gave information about having seen these absconding accused in their area or the surroundings, but on reaching these places, further information and clues are not available. 5. With all this, we raised only two queries. Have these investigations reached a dead end and should this court then give any false hopes to those who have moved this court praying that these investigations be carried to their logical end so as to arrest the real perpetrators of the crime? 6.
5. With all this, we raised only two queries. Have these investigations reached a dead end and should this court then give any false hopes to those who have moved this court praying that these investigations be carried to their logical end so as to arrest the real perpetrators of the crime? 6. Both learned senior counsel would submit that the teams presently deployed consist of young, energetic and competent officials, who are guided by expert seniors are not bereft of ideas. They will now also take into consideration the suggestions in the affidavit of Mr. Hamid Dabholkar son of Dr.Narendra Dabholkar (deceased). He has emphasised on the use of psychiatric skills in investigation of such crimes. In the affidavit, it is stated that barriers have to be created and such officials trained in psychiatric skills are available with the National Investigating Agency and till date, their assistance is not taken is the complaint of Mr. Nevagi. His submission is that with such officials, it is necessary that the arrested accused are thoroughly interrogated on these lines so that they spill out the beans. It is then, the involved institution, persons manning them and controlling minds can be possibly identified, which would assist in arresting the absconding accused. 7. We have no hesitation in observing that the senior level officials, particularly the Joint Director and Head of the Special Task Force, CBI and equally the investigating officer and Additional Superintendent of Police, Kolhapur and their superiors may not like to be summoned but can certainly be. We hope and trust that they will now take into consideration all the suggestions of Mr. Hamid Dabholkar, take assistance of the officials as assured in the reports and even today deploy or absorb them in the teams. Equally, the techniques and skills in the changed scenario are also required to be employed given the fact that such crimes are on increase. Eventually, every person, including the higher executive officer of the country visiting any nation abroad is confronted with a situation, has to face barrage of questions as to whether right minded, liberal thinking individuals are safe in this country or not. If these writers, literature figures, social workers and the common public do not feel safe and secured, then, those who are of this genre, but residing abroad would never like to interact with their counterparts in this country.
If these writers, literature figures, social workers and the common public do not feel safe and secured, then, those who are of this genre, but residing abroad would never like to interact with their counterparts in this country. It is the generation ahead, which would suffer in the absence of such open and free interaction with the world. We do not think that our culture and social life should suffer only because of the acts of few, which bring a bad name to this country. 8. If we do not find any 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. For that purpose, we place the matter on 28th June, 2018.