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The UAPA charges were filed against only four defendants. (Representative picture: News18)
It challenged the court's verdict acquitting Virendra Singh Tawde, Sanjiv Punalekar and Vikram Bhave
The family of slain rationalist Narendra Dabholkar has moved the Bombay High Court challenging the court's acquittal of the trio.
The appeal filed by Dabholkar's daughter Mukta Dabholkar also challenged the sentences of two other convicted defendants who were found guilty of conspiracy to commit a crime and commit a terrorist act under the Unlawful Activities Prevention Act (UAPA) Question.
In an appeal filed through lawyer Abhay Nevagi, Mukta Dabholkar said her father's killing was a “well-planned murder involving a larger conspiracy”.
The plea was heard on Wednesday by a division bench of Justices Revati Mohite Dere and Prithviraj Chavan, who issued notices to all the accused and the prosecution agency – the Central Bureau of Investigation (CBI).
The court announced the matter for hearing on September 23.
In her appeal, Mukta Dabholkar said the court failed to recognize that those convicted in the case were members of the right-wing group Sanatan Sanstha and that even the three acquitted were associated with the group .
The appeal stated: “The accused hatched the conspiracy to eliminate Dr. Narendra Dabholkar, who at that time expressed his opposition to the establishment of the Sanatan Sansa organization, the Hindu Jan Jagaram Samiti and Perspectives from other similar organizations.
It challenged the court's verdict acquitting Virendra Singh Tawde, Sanjiv Punalekar and Vikram Bhave.
The appeal stated that two other accused – Sachin Andure and Sharad Karaska – were charged under the Indian Penal Code, Section 16 (Terrorist Acts) of UAPA and the Arms Act. Sharad Kalaskar – acquitted.
Dabholkar (67), the founder of Maharashtra's Andhashraddha Nirmoolan Samiti, which fights superstition, was walking in Pune on the morning of August 20, 2013 when he was killed by two men allegedly with Sanatan San Sanatan Sanstha was shot dead by someone related to him.
On May 10, 2024, a Pune court convicted Andul and Karaska (the gunman) for murder and sentenced them to life imprisonment. The remaining three defendants were acquitted.
The UAPA charges were filed against only four defendants. Punalayka was charged only with destroying evidence.
In his appeal, Mukta Dabholkar said the court erred in holding that there was no evidence to convict the two accused of criminal conspiracy and the UAPA provisions did not apply as the sanction was ineffective.
“The Sessions Court failed to take into account that there was sufficient material on record provided by the investigating agency to prove beyond reasonable doubt the involvement of all the accused in planning the murder of Dr. Narendra Dabokkar,” the appeal said.
The complaint stated that the investigating agency had duly received the sanction for prosecuting the defendants under UAPA and there was no record of any illegality in granting the sanction.
(This report has not been edited by News18 staff and is published from United News Agency-PTI)
