Mukta Dabholkar v. Central Bureau Of Investigation
2018-07-17
BHARATI H.DANGRE, S.C.DHARMADHIKARI
body2018
DigiLaw.ai
ORDER 1. At today''s hearing, the Additional Chief Secretary (Home) and the Joint Director, Central Bureau of Investigation, Special Task Force, New Delhi, are present in Court. 2. At the commencement of the hearing, a request was made on their behalf by the Additional Solicitor General as also Mr. Mundargi that these two high ranking officials have some inputs, but they would like to share the same in strict confidence with the Bench and in our chambers. On being asked what is the reason for this unusual request, the only answer provided by the two senior counsel is that given the sensitive and serious nature of the crime, the progress of the investigations thus far, but further information and crucial to the investigations cannot be placed in a confidential report as that sealed cover forms part of the record of these proceedings. At some stage in future in the event these records are called for or inspected, then, the information and the inputs which these two high ranking officials wish to share with the Court alone would also find place in the relevant documents. That would not be conducive to the smooth progress of the investigations and also that of the trial. 3. On such a request being made orally, we have heard Shri Nevagi appearing on behalf of the petitioners and the family members of Shri Dabholkar and Shri Pansare and he submitted that such an unusual request should not be countenanced as that would set a bad precedent. It would definitely have an adverse impact on the investigations as also on the image and reputation of central investigating agencies. Given the fact that the social media is very active as also there could be a wide ranging publicity given to even this request, this Court should refuse to grant it. Shri Nevagi also submitted that precious time has gone by and now surprisingly the family members have been given additional police protection and security. The murders have taken place in 2012-13 and whereafter as well, there have been similar killings in the State of Karnataka. There is an apprehension in the minds of liberals, thinkers, social activists etc. that if they express their opinion and voice their feelings, openly they would be targetted and some names are already circulated in the media in this regard.
There is an apprehension in the minds of liberals, thinkers, social activists etc. that if they express their opinion and voice their feelings, openly they would be targetted and some names are already circulated in the media in this regard. For all these reasons, the investigating team should be reminded of its duty in law and that they are obliged to conduct a fair, free and impartial investigation. This can be done in proceedings in open court and at the earliest. The fact that this Court has directed the presence of both officers should remind them that now at least, the Court requires them to give proper explanations and would not countenance and tolerate any further delay. For all these reasons, Shri Nevagi would object to the request orally made. 4. After Shri Nevagi voiced his objection in open court, Shri Singh and Shri Mundargi have spoken to the concerned officials and they modify their request and submitted that instead of meeting us in chambers, purely to maintain confidentiality and secrecy, they would forward two written sealed covers within two weeks from today and on perusal of the same, if this Court requires their presence in chambers or otherwise, they would attend accordingly. However, the request is that these sealed covers should not be presently placed on the file of these petitions. 5. We deem it fit and proper and in the facts and circumstances of the present case that the latter request should be accepted. However, we clarify that this shall not be treated as a precedent in proceedings of this nature. It is only on account of the exceptional nature of the request and being made by very high ranking officials supervising and monitoring the investigations which have reached a delicate and sensitive stage that we allow such sealed covers to be placed not on the file of these petitions, but directly forwarded to us. It is stated that these two sealed covers would be handed over in the court at the next hearing. 6. We place the matters on 2nd August, 2018 at 11:00 a.m. Presently, we are not dispensing with the presence of these two officials and it is assured that they will personally attend the Court on 2nd August, 2018.