Narendra Dabholkar murder: Two accused get life imprisonment, three acquitted

Pune: A special court in Maharashtra on Friday convicted two men for the murder of rationalist Narendra Dabholkar in Pune but acquitted three others, almost 11 years after the grisly crime shocked the country and sparked suspicions of a wider conspiracy targeting leftist activists, journalists and atheists.

Sachin Andure and Sharad Kalaskar, who allegedly shot Dabholkar while he was on a morning walk in Pune on 20 August 2013, were sentenced to life imprisonment. The three other accused, Virendrasinh Tawade, Sanjiv Punalekar and Vikram Bhave, were acquitted for lack of evidence, said additional sessions judge PP Jadhav.

The murder of Dabholkar, a well-known anti-superstition crusader, was the first in a chain of similar killings of three other rationalists and activists: Communist Party of India leader Govind Pansare in Kolhapur in February 2015, Kannada-language scholar MM Kalburgi in Dharwad in August 2015, and journalist Gauri Lankesh in Bengaluru in September 2017.

But the acquittal of the men the investigators charged as the masterminds of the murder deals a blow to the investigation into the alleged wider conspiracy hatched by right-wing groups to target the four victims.

The judge said though Tawade was charged as the conspirator in the case and there was ample scope for suspicion, the prosecution failed to convert the suspicion into evidence, which is why he was acquitted of all charges. “In the case of Bhave and Punalekar, even if there is scope for suspicion, there is no evidence, and therefore, both have been acquitted of all charges for want of evidence,” the judge said

The Central Bureau of Investigation (CBI), which took over the case in 2014, had claimed that a long-standing enmity between Dabholkar – whose organisation Maharashtra Andhashraddha Nirmoolan Samiti (committee for eradication of superstition, Maharashtra) often targeted fringe groups – and the right-wing Sanatan Sanstha was the motive behind the murder.

All five accused were linked to the Sanstha in CBI’s charge sheet.

However, after the verdict was announced, the Sanatan Sanstha disassociated itself from Andure and Kalaskar, saying they are “Hindutva activists” but have never been involved with the organisation. The group admitted Bhave was a member, and alleged that Virendrasinh Tawade belonged to another right-wing organisation called Hindu Janajagruti Samiti, while Punalekar is an advocate who takes up cases of Hindutva activists.

The family said it was disappointed by the judgment. “The masterminds in the case are still at large. So far as today’s order is concerned, we will challenge it in the high court,” said Mukta Dabholkar, the victim’s daughter.

In Pansare case, a special court in Kolhapur has framed charges against 10 accused, marking the beginning of the trial in January this year. In Kalburgi and Lankesh murders, Karnataka chief minister Siddaramaiah has directed the state’s home secretary to “take urgent steps” to expedite the trials. Tawde, Kalaskar and Andure are also accused in Pansare case.

Clear evidence

The judge, in his written order, observed that it was “crystal clear” that Andure and Kalaskar had fired bullets at Dabholkar. According to the CBI chargesheet, Andure and Kalaskar came on a motorbike and shot Dabholkar twice, killing him instantly.

Interestingly, CBI had first named fugitives Sarang Akolkar and Vinay Pawar as the shooters in its charge sheet. But later, it arrested Andure and Kalaskar, and said in a supplementary chargesheet that they had shot Dabholkar.

The acquittal of Tawade, an ENT surgeon from Panvel, came as a jolt to the prosecution as he was named the “main conspirator”.

The prosecution accused Punalekar and Bhave of aiding the conspiracy to kill Dabholkar. CBI had invoked Indian Penal Code sections 120 B (conspiracy) and 302 (murder), relevant sections of the Arms Act, and section 16 (Punishment for terrorist act) of the Unlawful Activities Prevention Act.

CBI’s “negligence”

The judge also rapped the federal investigation agency for “negligence” while invoking provisions of UAPA. “There were charges framed under Unlawful Activities (Prevention) Act in the case. However, the way the competent officer exhibited negligence while invoking provisions of UAPA in the case, the charges could not be proved.”

The judge then asked the defence counsel to give their opinions on the quantum of the sentence for Andure and Kalaskar. Advocate Virendra Ichalkaranjikar, appearing for the duo, argued that the case didn’t fall under the rarest of the rare circumstances, to which public prosecutor Prakash Suryawanshi replied, “We have not sought death punishment in this case.”

Upon hearing brief arguments from both sides, the judge pronounced the sentence, saying, “Both Andure and Kalaskar have been sentenced to life imprisonment and a fine of ₹5 lakh to be imposed on each.”

The judge also condemned some of the defence’s comments that seemed to “justify” Dabholkar’s murder: “It is regretful. The defence counsel should ponder over it.”

Long wait for justice

Friday’s verdict came almost 11 years after Dabholkar’s murder on August 20, 2013 , and three years after the trial began in June 2021.

The delay was mainly due to CBI’s inability to secure the murder weapon until the last moment. At the same time, the agency, which took over the investigation in June 2014, also tried to secure a forensic opinion. “There has been a delay in the case, but finally the court has convicted the two assailants,” said Omkar Nevgi, the Dabholkar family’s lawyer.

Hamid Dabholkar, son of Narendra Dabholkar said it was disappointing that the masterminds were still at large. “If masterminds are not brought to justice, incidents like this will keep repeating. It is evident from the charge sheet that Dabholkar’s murder was committed for ideological reasons,” he said.

Both the defence and prosecution hinted they are considering appealing the judgement in higher courts. “We are currently considering challenging the acquittal of the three in the high court,” said public prosecutor Suryawanshi.

“This verdict makes it clear that the investigation in the case was suspicious,” said Sanatan Sanstha spokesperson Abhay Vartak.

Dabholkar’s legacy

Dabholkar, who was 67 when he was killed, dedicated almost 30 years of his life towards working to eradicate superstition in Maharashtra. Since the murder, the anti-superstition movement in the state has only grown, with members and branches of his organisation expanding to other states as well.

Months after the murder, the Maharashtra government in December 2013 enacted the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil, and Aghori Practices and Black Magic Act, colloquially known as the anti-black magic act. Dabholkar advocated this law before his death.

In the last 10 years, over 1,000 cases – 58 of them from Pune district alone — have been registered under this act.