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2011 Supreme(Bom) 818

RANJANA DESAI, R.V.MORE
V. P. Patil – Appellant
Versus
State of Maharashtra through the Chief Secretary, General Administration Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioners:V.P. Patil, Person, S.K. Nair i/b M/s. S.K. Nair & Co., K.K. Tirodkar, Advocates.
For the Respondents:Ravi Kadam, Advocate General with P.A. Pol and A.S. Gadkari, A.P.P., R6 & R7, N.H. Seervai, senior counsel with Ms. Gulnar Mistry, Z. Dastur and Mr. Farah Karachiwala i/b J.Sagar Associate, Advocates.

JUDGMENT

Smt. Ranjana Desai, J.

1. On 11/6/2011, Senior Journalist J. Dey, who was working with Mid Day newspaper was shot dead at 4.00 p.m. at Powai by unidentified gunmen. The basic prayer in the present writ petitions is that the investigation of the case pertaining to the murder of J. Dey be transferred to Central Bureau of Investigation (for short, “the CBI”). PIL Petition No.28 of 2011 is filed by Mr. V.P. Patil, who is an advocate practising in this court. He is appearing in person. PIL Petition No.29 of 2011 is filed by Mr. S. Balakrishnan, who is also a journalist. Writ Petition No. 1629 of 2011 is filed by one Mr. Ketan Tirodkar in public interest. In PIL Petition No.28 of 2011, intervention application was filed by the Press Club, Mumbai and Marathi Patrakar Parishad, Mumbai. The applicants have been permitted to intervene by us.

2. Mr. Patil, who is petitioner in PIL Petition No.28 of 2011 has submitted that the investigation needs to be transferred to CBI because though more than about a month has elapsed after the murder, the police have not been able to collect any credible evidence. While the so-called investigation is on, the investigating officers are leaking out

































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