HC shifts Sanatan suits on Dabholkar son from Goa over ‘safety fears’

Mumbai: Observing that their apprehension of safety is genuine, Bombay high court transferred defamation cases filed in Goa by Hindu organisation Sanatan Sanstha, against the son of slain rationalist Narendra Dabholkar and two journalists, to Kolhapur.

“Special civil suits pending on the file of civil judge, senior division, Ponda, Goa, stand transferred to the court of civil judge, senior division, Kolhapur,” directed Justice N J Jamadar on WednesdayIn 2021, Dr Hamid Dabholkar, Nikhil Wagle and Alka Dhupkar moved the HC to transfer the civil suits to any court in Maharashtra apprehending serious threat to their lives and citing proximity of the trial court to Sanstha’s headquarters which has an overwhelming presence of sadhaks/followers.

The trio had expressed opinions against the Sanstha’s ideology. The Sanstha said their statements were “absolutely false” and lowered it in public estimation.

It sought Rs 10 crore each in damages “for the injury caused to the reputation of the plaintiff.”Senior advocate Rajendra Pai, for the Santha, said the applicants had filed written submissions and participated in the proceedings. They never whispered about so-called apprehension to their lives.

The applications were filed to delay disposal of the suits just when trial was about to begin. Pai said suits cannot be transferred on the basis of ideological differences.The judge noted that applicants’ apprehensions are based on murders of Dabholkar and CPI leader Govind Pansare in Maharashtra and writer MM Kalburgi and journalist Gauri Lankesh in Karnataka.Advocates Amit Singh and Kabeer Pansare, for Hamid and Wagle, and Sandesh Shukla, for Dhupkar, said the four held contrarian opinions to Sanstha and were murdered.

There was commonality in persons involved in the killings and weapons used. Justice Jamadar said their contentions were premised on chargesheets in Dabholkar and Nallasopara arms haul cases.Pai said the investigating agency’s opinion in the chargesheets cannot be equated with findings of the court. Justice Jamadar said in Dabholkar’s case, the sessions court concluded that motive was proved against the accused who were connected to the Sanstha and its sister organisations.

Eventually, it convicted two for murder and acquitted three, noting that the main mastermind behind the crime was someone else whose identity the prosecution failed to unmask.

“These findings of the learned sessions judge appear sufficient to instil a sense of fear in the minds of the applicants,” said Justice Jamadar.He further said that if it was only the solitary killing of Dabholkar, “probably different considerations may have come into play.” “What lends gravity to the situation is the concrete allegations” that Pansare, Kalburgi and Lankesh, who were also critical of the Sanstha, paid the ultimate price. “The applicants …apprehend that they might meet the same fate if they participate in the trial in the suits at Ponda. In the totality of the circumstances, the apprehension cannot be said to be unreasonable,” said Justice Jamadar.