Dabholkar case: Defense lawyer claims procedure not followed to grant sanction under UAPA

Defense lawyer Virendra Ichalkaranjikar while submitting the final arguments before the court on Saturday stated that the right procedure was not followed while according sanction to prosecute the accused persons under the Unlawful Activities Prevention Act (UAPA) in connection with Dr Narendra Dabholkar murder case.

Dr Dabholkar, was shot dead by two bike-borne assailants in Pune on August 20, 2013. (HT FILE)
Dr Dabholkar, was shot dead by two bike-borne assailants in Pune on August 20, 2013. (HT FILE)

Advocate Ichalkaranjikar said, “The sanction of prosecution under UAPA to the Central Bureau of Investigation (CBI) was given by an officer of the rank of deputy secretary in the state home department without the mandatory recommendation from the director of prosecution which is required as per the laid down procedure.”

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The CBI counsel during earlier submission had stated all the laid down guidelines and procedures were followed for the sanction of UAPA against the accused.

Terming the confession of a police officer false, the defense counsel stated that the concerned police official recorded extra judicial confession of an accused where he said that he had shot Dabholkar and the same was not examined before the court.

Special Judge PP Jadhav has kept the next date of hearing on March 12 where the defense lawyer will continue his final arguments before the court.

The prosecution completed its arguments on February 17 where in the special public prosecutor Prakash Suryavanshi had sought maximum punishment against the accused persons allegedly linked to the rightwing outfit Sanatan Sanstha.

On Friday, advocate Suryavanshi gave the court two citations to support the psychological analysis statement and extra judicial confession of the accused persons.

Dabholkar’s family lawyer Omkar Nevgi submitted a 32-page document “Written notes of arguments” before special Judge PP Jadhav on February 22. The family of the murdered rationalist argued before the court that the prosecution had proven that the murder had been committed by Sachin Andure and Sharad Kalaskar “beyond reasonable doubt”.

They prayed that maximum punishment u/s 302 of the Indian Penal Code, 1860 be awarded to the accused. The trial in the murder case of Indian rationalist Dr Dabholkar is nearing completion. However, the mastermind behind the killing remains at large.

The murder case, which took place 10 years ago, has been plagued by contradictions and confusion, and the investigation was delayed due to a change of judge. The trial is currently being conducted under the Unlawful Activities (Prevention) Act. Five accused individuals have been charged in the case, but the murder weapon has not yet been recovered.