Trial court can go ahead and frame charges in Pansare killing: HC

MUMBAI: Bombay High Court on Wednesday declined to stay the trial in the killing of CPI leader Govind Pansare and said Kolhapur sessions court can go ahead and frame charges in it.
A bench of Justice SC Dharmadhikari and Justice Shalini Phansalkar-Joshi took note of submission made by advocate Sanjiv Punalekar who appeared for accused Sameer Gaikwad. The accused sought to intervene in petitions filed by the kin of Pansare and slain rationalist Narendra Dabholkar.
The slain activists’ kin want the HC to monitor the probe by a special investigation team of the Maharashtra police in Pansare case and Central Bureau of Investigation in Dabholkar case.
Punalekar told the court that due to observations made in February 29 order which said the prosecution must file an application for deferring the framing of charges before the trial court, the trial judge will not be in a position to proceed with framing charges on April 29.
The judges under section 173(8) of the Criminal Procedure Code the prosecution can always carry out further probe and submit reports to the court and it is not inclined to stay the trial.
``We are not going to sit here and hold the trial court’s hand,’’ said Justice Dharmadhikari. The judges, in their order said, ``We expect the trial judge to strictly abide by the CrPC provisions.’’
Dabholkar was shot on August 20, 2013 in Pune while Pansare was shot at on February 16 in Kolhapur and died on February 20, 2015. The judges expressed anxiety at the slow progress of the probe.
Public prosecutor Sandeep Shinde said similarities were found in ballistic reports of the murders of Dabholkar, Pansare and even Karnataka writer MM Kalburgi. He said bullets and empty cartridges were sent to CBI on February 18 to be sent to the Central Forensic Science Laboratory.
He urged the court to grant more time for the probe.
``You are investigating crime or similarities? We don’t want to see anniversaries of the murders. We are quite anxious to know how long this sort of state of affairs can be condoned by us,’’ the judges said.
CBI additional solicitor general Anil Singh said the agency has been filing status reports from time to time.
``How many more status reports shall be filed?"asked Justice Dharmadhikari. The judges have posted the matter for May 3 to know from CBI when the results of tests will be available.