Special court in Pune sentences two to life imprisonment, acquits three in Dabholkar murder case
Pune (PTI): A special court for UAPA cases in Maharashtra’s Pune on Friday convicted and sentenced two men to life imprisonment and acquitted three, including key accused Virendrasinh Tawde, in the murder of well-known rationalist Dr Narendra Dabholkar.
Dabholkar (67), an anti-superstition crusader, was shot dead while on a morning walk on Omkareshwar Bridge here on August 20, 2013.
Reading out the order in a packed courtroom, Additional Sessions Judge (Special Court) P P Jadhav said that the prosecution had proved the charges of murder and conspiracy against Sachin Andure and Sharad Kalaskar and they have been awarded life imprisonment and a fine of Rs 5 lakh.
According to the Central Bureau of Investigation (CBI), Andure and Kalaskar had shot Dabholkar.
The court acquitted accused ENT surgeon Tawde, Sanjeev Punalekar and Vikram Bhave for want of evidence.
The prosecution examined 20 witnesses while the defence examined two witnesses during the trial. The accused were opposed to Dabholkar's crusade against superstition, it had stated in its final arguments.
Pune police initially probed the case. The CBI took over the probe in 2014 following a Bombay High Court, order and arrested Tawde linked to the Hindu right-wing organisation Sanatan Sanstha, in June 2016.
According to the prosecution, Tawde was one of the masterminds of the murder.
Sanatan Sanstha, to which Tawde and some of the other accused were linked, was opposed to the work carried out by Dabholkar's organisation, the Maharashtra Andhashraddha Nirmoolan Samiti (committee for eradication of superstition, Maharashtra), it claimed.
The CBI first named fugitives Sarang Akolkar and Vinay Pawar as the shooters in its charge sheet. But later it arrested Sachin Andure and Sharad Kalaskar, and claimed in a supplementary charge sheet that they had shot Dabholkar.
Subsequently, the central agency arrested advocate Sanjeev Punalekar and Vikram Bhave as alleged co-conspirators.
During the trial, advocate Virendra Ichalkaranjikar, one of the defence lawyers, had questioned the CBI's flip-flop over the shooters' identity.
The accused were booked under Indian Penal Code sections 120 B (conspiracy ), 302 (murder), relevant sections of the Arms Act, and section 16 (Punishment for terrorist act ) of the Unlawful Activities (Prevention) Act or UAPA.
While Tawde, Andure and Kalaskar are in jail, Punalekar and Bhave are out on bail.
Dabholkar's murder was followed by the murders of three other rationalists/activists in the next four years: communist leader Govind Pansare (Kolhapur, February 2015), Kannada scholar and writer M M Kalburgi (Dharwad, August 2015) and journalist Gauri Lankesh (Bengaluru, September 2017).
It was suspected that the culprits in these four cases were linked to each other.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
