Five years after murder, justice eludes Satish Shetty and family

Sandeep has moved the Bombay High Court pleading that an order be passed for quashing the closure report and directing the CBI to investigate the murder case further. “There is no problem with the investigation… problem is with the intent,” Sandeep said on Monday. Exactly five years ago, on January 13, 2009, his brother was stabbed to death in Talegaon Dabhade.

Murder after land grab complaint

A resident of Kala Niwas, Panchvati Colony in Talegaon Dabhade, Satish Shetty was the Pune district coordinator of an organisation, Bhrashtachar Virodhi Dakshata Samiti. He was an RTI and anti-corruption activist.

Satish had exposed an alleged land scam in Kamshet area. An offence in this connection was registered with the Lonavla City police station against IRB’s chairman and managing director Virendra Mhaiskar and 12 others, including government officials, on October 15, 2009. On November 24, 2009, Satish filed an application with the rural police seeking protection alleging that he was getting threats. On January 13, 2010, he was murdered with a sharp weapon around 7 am in front of the Hari Om Dairy and Cold Drinks in Talegaon Dabhade. A murder case was registered at the Talegaon Dabhade police station.

Meanwhile, IRB scrapped its township project on this disputed land in Kamshet area in 2012.

Pune rural police filed closure report in land grab case

The Pune rural police team led by inspector Bhausaheb Andhalkar of local crime branch had arrested six persons in the murder case, including advocate Vijay Dabhade from Talegaon, his clerk Pramod Waghmode, Navnath Shelar of Bhosari, Parshuram Telgu alias Jakkal, Dongrya Hanumant Rathod and Shyam Dabhade.

Telgu was later discharged and a chargesheet was filed only against the remaining five. All of them were later released on bail. The arrests were made following a statement by history-sheeter Santosh Shinde.

Police had claimed that Shinde confessed to having taken a ‘supari’ (contract) of Rs 1 lakh from Dabhade for killing Satish but he refused to execute the act after knowing that Satish was working for the benefit of the common man. The rural police also pointed out details of past disputes between Shetty and Dabhade. Satish’s family, however, said those disputes had been settled.

In March 2010, Sandeep filed an affidavit with the Bombay High Court pointing out that the police had failed to pursue those named by Satish in his application for protection. He said the rural police focused on Dabhade and filed a closure report (C summary) in the land scam case in December 2011.

CBI probing land grab, but filed closure report in murder case

The CBI took over investigation in the murder case in September 2010. It examined about 550 persons, conducted searches at about 30 locations, including the residences and offices of IRB officials and their lawyers and other spots. The agency studied mobile phone call details of about 200 persons and conducted polygraph tests of 36 persons, including Mhaiskar, his chief liaisoning officer Jayant Dangare, director of Sable-Waghire and Company Pvt Ltd Nitin Sable and seven policemen — inspectors Andalkar (now retired), Sunil Tonpe, assistant inspector Namdeo Kauthale, head constable Ramesh Gabaji Nale, police naik Rajendra Mirghe, constable (retired) Kailash Labade, all associated with the Pune rural police, and head constable Shahaji Athavale, besides advocate Vijay Dabhade and other accused arrested by the Pune rural police.

The CBI even recorded the statement of IPS officer Pratap Dighavkar, the then superintendent of Pune rural police. It had also announced a reward of Rs 10 lakh for anybody giving credible information regarding the culprits. But no arrest was ever made by it.

Sandeep said he had hopes as the CBI started probing the land grab case at Lonavla City police station.
On August 8, 2014, the CBI moved the HC against the closure report filed by the rural police and sought permission to re-open the case saying it might be linked to Satish Shetty’s murder. But within three days, on August 11, 2014, the agency filed a closure report in the murder case.

Interestingly, the CBI continues to probe the land scam case.

Recently, on January 5, the CBI conducted raids at over 20 places in Pune and Mumbai, including the offices IRB Infrastructure Ltd, in connection with this.

After CBI’s raids, IRB issued a press release saying, “As a part of reinvestigation in the matter of land acquisition at Village Taje and Pimploli near Pune, officers from the CBI have visited our Pune office and registered office to check our records…The company and its management have fully cooperated with them and provided the necessary documents and denied any wrongdoing. We have understood from the publicly available sources that in August 2014, the Honorable High Court Bombay has permitted re-investigation into the complaint pertaining to the land acquisition which was filed by the late RTI activist in 2009. However, it is also understood from publicly available sources that the CBI has already filed a Closure Report before the sessions court, Pune, after conducting its investigation in the matter pertaining to the murder of the same RTI activist.”

Startling details in CBI’s closure report

CBI conducted an analysis of the mobile call records of a number of suspects. The closure report filed by CBI states, “The analysis of the said call records revealed during the period between October 2009 and the filing of chargesheet by local police, there were a number of calls between Jayant Dangre and inspector Andhalkar. The call data analysis of Dangre, advocate Ajit Kulkarni, Andhalkar and Mhaiskar prima facie revealed close nexus particularly after the registration of CR. No 152/ 2009 (alleged land scam case) by the Lonavla city police station on the complaint of deceased against Virendra Mhaiskar and 12 others for the offences of criminal conspiracy, forgery and cheating till the deceased was murdered on January 13, 2010.”

About the polygraph test on 36 persons, the closure report says: “Santosh Chandolkar alias Luba was subjected to polygrah test and 15 questions were put to him. Deceptive response was found in his answers regarding his involvement in the murder of Satish Shetty, including one question as to whether he had killed Shetty on the orders of Andhalkar.”

Similar deceptive responses on similar question were received from Kishor Aware, Kishor Beghade, Bapu Beghade, Siraj Bhagwan and Navi Rai during their polygraph test, says the report.

While Sandeep said these facts should have been probed further by arresting the suspects, the CBI while filing the closure report had said they found no evidence against Virendra Mhaiskar or any other suspect. It said: “The available evidence is mostly circumstantial but there are missing links in the chain of evidence.”

Meanwhile, retired police inspector Andhalkar told the media that Sandeep Shetty had named 26 persons, including him. “The closure report means CBI has found nothing against us. I am still ready for any test or any investigation,” he had said.

The road ahead

Sandeep has moved the Bombay High Court pleading that an order be passed to re-open the murder case. “I had spoken to the CBI’s investigation officer before the closure report was filed. I have recorded this conversation. Soon, I will be submitting this audio recording and a transcript of this conversation in the court. The officer said he wanted to arrest the suspects… he said his seniors were ‘paison ke rakshas’, which means they were greedy for money… He hinted at the wrongdoings going on and filing of closure report in the murder case.”

After the recent raids on IRB offices, the CBI however said it could reopen the murder case if new evidence came to light.

Sandeep said, “Details about the investigation mentioned by the CBI in its closure report speak a lot of about the murder conspiracy. But instead of arresting the suspects for further investigation, the agency filed a closure report. Now the CBI conducted raids on IRB offices in a bid to save its image… But I have decided to fight till the end. This struggle for justice has motivated me to keep the fight on.”

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Amitabh Thakur, serving IPS officer from Uttar Pradesh: CBI filed the closure report in a hurry. After studying the facts of the case, which are serious in nature, I will say this murder case should be re-opened and killers of Satish Shetty should be traced. Sandeep had told me on phone before the closure report was filed that CBI’s investigating officer told him there was tremendous pressure from senior officers of CBI to file a closure report in the case.

Vivek Velankar, senior RTI activist: It seems the investigation agency does not have the will to arrest the killers, who could be very influential persons. It is very discouraging for RTI activists who are fighting corruption. We hope the new government in state will take some serious steps and ensure that real killers of Satish Shetty are put behind bars soon.