The Bombay High Court on Friday declined to grant urgent relief on a plea seeking transfer of the investigation into the murder of Shiv Sena (UBT) leader Pradeep Purnekar, holding that a court cannot direct the manner in which an investigation is carried out. The case, Mandar Ghodke v. State of Maharashtra & Ors, was heard by a vacation bench of Justices Advait Sethna and Ranjitsinha Bhonsale.

Source: Bar and Bench

Purnekar, a Shiv Sena (UBT) ward chief from the Manpada area, was shot dead in his Thane office on September 29. His family, including original complainant Mandar Ghodke, approached the High Court demanding an independent probe. The family has alleged that the Special Investigation Team (SIT) is shielding the alleged political masterminds behind the killing and has ignored crucial evidence, including CCTV footage, submitted by them. These are allegations; the SIT has not accepted them.

Source: DCN News Network

"What is this? You want the probe to be transferred in vacation? There are still over 45 days (for investigation to complete/chargesheet)," the Bench observed, noting that only 37 days had elapsed since the incident. "It is more than settled law, this court cannot direct the manner in which the investigation has to go on… You may have a foolproof case. We are not doubting that. But at this stage, for the vacation court to do anything is not possible," the Bench said.

Source: Bar and Bench

The petitioners' counsel argued that the family was not satisfied with the ongoing investigation and that its current course was defeating the purpose of justice. Special Public Prosecutor Rajeev Chavan defended the SIT's pace, telling the court that five arrests were made within 10 days of the September 29 murder and that evidence provided by the petitioners had been sent to the Forensic Science Laboratory (FSL).

Source: Bar and Bench

The killing has carried a political charge in Maharashtra for weeks. The family has publicly alleged that the alleged mastermind has not been identified, a claim reported earlier when relatives met senior leaders and the Thane Police Commissioner; the Commissioner said on November 1 that the investigation was progressing properly and that all necessary procedures were being followed. A protest by the family and supporters was also reported last month.

What happens next: the High Court has granted the petitioners liberty to mention the matter on the first day the regular court reopens after the vacation. The SIT investigation continues in the meantime, and no transfer or independent probe has been ordered at this stage.