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2008 Supreme(Bom) 1538
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. B. MHASE & Smt. V. K. T AHILRAMANI, JJ.
Anandibai Pawanraje @ Bhupalsingh – Appellant
Vs.
The Inspector, Kalamboli Police Station & Ors.- Respondent
Criminal Writ Petition No.81 of 2008
Decided on: 23rd October, 2008.
Advocate Appeared:
Mr. NITIN JAMDAR along with Mr. V. V. PURWANT, Advocate for Petitioners.
Mr. A. R. P A TIL, APP for State.
Headnote:Criminal Procedure Code, 1973 - Sections 173 and 482-Constitution of India, Article 226-Investigation-Transfer of.-Investigation has been one sided and has failed to explore alternate possibilities arising in the investigation. To this extent investigation is found to be faulty. Though no trace of external agency is noticed, possibility of a latent bias on the part of the investigation cannot be totally ruled out. Court may state that the likelihood of bias is independent of the guilt or otherwise of those involved. In the circumstances, Court wants to ensure that not only should justice be done but it should also appear to have been done in the public eye. This is necessary in order to maintain the public confidence in the administration of justice. In any case, Court finds it necessary that no stone should remain unturned in order to trace the actual offenders so that the guilty are brought to book. We may hasten to add that transferring the investigation to CBI does not mean that the Court has ruled on the guilt of the persons named as that is not the scope of the petition. Having considered the pros and cons of the case. Court holds that it would be expedient and in the interest of justice to transfer the present investigation from Crime Branch, Navi Mumbai to the C.B.I.
Case Summary: Criminal Writ Petition No. 81 of 2008
Parties
- Petitioner/Appellant: Anandibai Pawanraje @ Bhupalsingh (wife of deceased Pawanraje Nimbalkar). (!) [4000300990001]
- Respondents: Inspector, Kalamboli Police Station & Ors. [legal document header]
Facts of the Incident
- Deceased Pawanraje Nimbalkar (Congress-I leader) and his driver Samad Kazi were shot dead in broad daylight on 3.6.2006 near Kalamboli Steel Market, New Mumbai, on Bombay-Pune Express Highway. (!) [4000300990002]
- FIR registered under Section 302 IPC against unknown persons (CR No. 220/2006, Kalamboli PS). [4000300990002]
Petitioner's Allegations
- Political rivalry with Padamsingh Patil (NCP, former Minister of State), Ajit Patil, and Amol Patodekar; prior complaints, threats, assault (e.g., 6.9.2002 complaint, 30.6.2003 AGM assault at Terana Sugar Factory). [4000300990003][4000300990004]
- Deceased contested 2004 election against Padamsingh Patil (narrow loss by 484 votes); motive linked to upcoming Terana Sugar Factory election in June 2006. [4000300990004]
- Investigation biased due to suspects' political influence (Padamsingh's son Rana Jagajitsingh is current Minister of State); requests transfer to CBI or independent agency. [4000300990005] (!)
Investigation History and Flaws
- Investigation transferred to Crime Branch, Navi Mumbai on 7.3.2008 during petition pendency. [4000300990007] (!)
- Narco analysis on Tanaji Patil (Jan 2007 recommendation, conducted 16.2.2008) implicated Padamsingh Patil, Ajit Patil, and Vicky Malhotra (Chota Rajan gang member) as shooter; claimed "supari" via Raj Company, witnessed by Tanaji. [4000300990007][4000300990010] (!)
- Agency dismissed Narco test claiming Vicky in Thane Jail (25.5.2006-15.6.2006), but records showed Vicky arrested 29.5.2006, remanded till 3.6.2006, produced in Esplanade Court at 12:40 p.m. on incident day (occurrence before 4:20 p.m.), escorted via Gypsy (not standard van) near incident spot. No probe into Vicky's possibility. [4000300990008][4000300990009][4000300990010][4000300990016]
- No eyewitnesses traced despite crowded area; cell phone call details (incoming/outgoing/missed) not investigated promptly (only after Court direction 27.6.2008). [4000300990010][4000300990014]
- One-sided: ignored alternate theories, political motive acknowledged but not pursued; desultory, lackadaisical, reached deadlock. [4000300990006][4000300990013][4000300990015]
Legal Issues
- Transfer of investigation under CrPC Sections 173, 482 and Constitution Article 226 due to faulty, biased probe failing public confidence. [legal document header][4000300990017]
Court's Findings
- Investigation faulty: one-sided, unexplored alternatives (e.g., Vicky's involvement), latent bias possible despite no direct evidence; essential for justice to appear done. [4000300990017]
- Political clout of suspects raises apprehension of influence over state agency (Crime Branch/CID); public interest demands impartial probe. [4000300990011][4000300990012][4000300990015][4000300990016]
- Transfer to CBI expedient for thorough investigation without prejudice to guilt determination. [4000300990017]
Relief Granted
Smt. V. K. TAHILRAMANI,J.:-
1. Heard the learned advocate for the petitioner and the learned APP for the State. Rule. By consent, rule is made returnable forthwith.
2. This petition pertains to the death of Mr. Pawanraje Nimbalkar who was from Congress-I party. The petition has been filed by the wife of late Mr. Pawanraje Nimbalkar seeking directions to transfer the investigation pertaining to the murder of her husband to the Central Bureau of Investigation or to any other independent Investigating Agency.
3. The incident in question took place in broad-day light on 3.6.2006 in New Mumbai near Kalamboli Steel Market near Bombay-Pune Express Highway. Mr. Pawanraje Nimbalkar was proceeding from Mumbai to Pune in his car with his driver. Both Mr. Pawanraje Nimbalkar and his driver Samad Kazi were shot dead. The incident is clearly homicidal and both Mr. Pawanraje Nimbalkar and his driver Samad Kazi were shot dead in the car in which they were travelling. Police lodged the FIR against unknown persons. Offence under Section 302 of IPC came to be registered vide CR No. 220 of 2006 of Kalamboli Police Station, Navi Mumbai.
4. The case of the petitioner is that at one time, husband of petitioner and Mr. Padamsingh Patil were working together, however, thereafter they got separated. Thereafter deceased Mr. Pawanraje Nimbalkar filed various complaints against Mr. Padamsingh Patil, due to which, Mr. Padamsingh Patil warned the family of Mr. Pawanraje Nimbalkar and also threatened Mr. Pawanraje Nimbalkar with dire consequences. Complaint came to be filed with regard to this fact by Mr. Pawanraje Nimbalkar on 6.9.2002. On 30.6.2003 during Annual General Meeting of Terana Sugar Factory, Mr. Padamsingh Patil, Mr.Ajit Patil and Mr. Amol Patodekar assaulted Mr. Pawanraje Nimbalkar. It is alleged that due to this, Mr. Pawanraje Nimbalkar suffered grievous hurt. Due to this incident, Mr. Pawanraje Nimbalkar by letter dated 2.7.2003 requested the Superintendent of Police Osmanabad to provide armed police protection to him but the said request was rejected.
5. Various complaints came to be filed by Mr. Pawanraje Nimbalkar against Mr. Padamsingh Patil. In the year 2004, Mr. Pawanraje Nimbalkar contested the legislative assembly election as an independent candidate against Mr. Padamsingh Patil who represented Nationalist Congress Party (NCP). In the said election, Mr. Padamsingh Patil managed to succeed only by margin of 484 votes. Thereafter, the election of Terana Sugar Factory was due in the month of June, 2006. The case of the petitioner is that Mr. Padamsingh Patil apprehended that Mr. Pawanraje Nimbalkar was a threat to his political career, hence, he along with Mr. Ajit Babu Patil and Mr. Amol Patodekar entered into a conspiracy to commit murder of Mr. Pawanraje Nimbalkar. According to the petitioner, the said plan was subsequently executed on 3.6.2006 when both Mr. Pawanraje Nimbalkar and his driver Samad Kazi were shot at and killed in broad-day light when they were proceeding in their car to Pune.
6. From the beginning the case of the petitioner is that the murder had been committed by or at the instance of Mr. Padamsingh Patil, Mr. Ajit Babu Patil and Mr. Amol Patodekar. However, the Investigating Agency did not carry out proper investigation as it may cause damage to the political career of Mr. Padamsingh Patil, Mr. Ajit Babu Patil and Mr. Amol Patodekar. The petitioner preferred several representations to the Director General of Police, to the Honourable Minister for Home Department etc. and made request for transfer of investigation as according to her, the offenders involved in the said crime were politically powerful persons and also had ample power to pressurise the present Investigating Agency, however, no steps were taken to transfer the investigation. The petitioner apprehends that as Mr. Padamsingh Patil is a former Minister of State, Mr. Rana Jagajitsingh who is son ofMr. Padamsingh Patil, is at present Minister for State, h
