New Delhi: The Supreme Court Tuesday sought the Maharashtra government’s response to two petitions seeking the transfer of the Palghar lynching case from the state police to a central investigating agency.
The Palghar lynching had made headlines as three people — two Hindu ascetics and their driver — were allegedly killed by a mob in the state in April.
A bench led by Justice Ashok Bhushan issued notices to the Maharashtra government and posted the matter for further hearing in the second week of July. While one petition has sought a CBI probe, the other wants the National Investigative Agency (NIA) to take over the investigation in the case.
The first petition has been filed by Mahant Swami Shradhdhanand Saraswati and six more sadhus of the Juna Akhara, to which the two Hindu monks belonged. The second plea has been filed by one Ghanshyam Upadhyay.
The Maharashtra government opposed both the petitions on the ground that the Bombay High Court was hearing similar pleas. The bench, however, dismissed the contention and went ahead to issue the notice. The central government, the CBI and the NIA too have been asked to submit their responses.
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Maharashtra CID not conducting free and fair probe: Petitioner
The petition moved by the Akhara members has claimed it is not possible for the Maharashtra CID to conduct a free and fair probe in the case.
“Witnesses are committing suicide. We have reasons to believe that the investigation is not taking its course,” advocate Balaji Srinivasan told the bench.
The petition also alleged the local police’s role in the lynching.
“Video clips very categorically depict that the police concerned might have an active role in the said case, therefore to expect the CID (which is constituted of members belonging to the same police) to conduct and conclude a fair and unbiased investigation without generating any apprehensions about its credibility and impartiality is not possible,” reads the plea in court.
It even questioned the “passive behaviour” of Maharashtra police. The two sadhus and their driver were travelling to attend a funeral of another priest. All had requisite passes to travel during the lockdown. When their vehicle was stopped by the crowd, the police were present as the incident took place near the police station, it said.
Even if the state CID conducts and concludes its investigation, there will always be a “doubt over its credibility, fairness and impartiality,” the petitioners said.
Apprehension that evidence may disappear
In his plea for an NIA probe, Upadhyaya has expressed fear that evidence may disappear. The petition, filed by advocate Vishnu Jain, accused Palghar’s superintendent of police of making “irresponsible statements”.
According to him, the police officer, allegedly related to a Congress leader, argued against police firing at the unlawful assembly of 250 persons that attacked the sadhus. Upadhyay has demanded the dismissal of the officer.
“There is strong material to indicate active connivance and role of the local police politicians and religious leaders before and after commission of the offence and therefore unless and until the massacre is investigated by an independent agency such as the NIA, the real cause for the brutal massacre will remain wrapped under the carpet,” the petition said.
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