The Bombay High Court announced its decision to cease monitoring the ongoing trial in the case concerning the murder of Comrade Govind Pansare and his wife, Uma Pansare, who were shot at by two unidentified assailants on February 16, 2015.

The bench, comprising Justice A.S. Gadkari and Justice Kamal Khata, heard a Writ Petition filed by the daughter and daughter-in-law of late Comrade Govindrao P. Pansare seeking a direction to the State (Respondent No. 1) for appointing an independent Special Investigation Team (SIT) to conduct an investigation into the conspiracy murder of Shri. Govind Pansare and to take all necessary consequential steps and actions pertaining thereto and provide the SIT with necessary facilities and support and to monitor the investigation until it reaches its logical conclusion.

The case revolves around the murder of Comrade Govind Pansare and his wife, Uma Pansare, who were shot at by two unidentified assailants on February 16, 2015, near their residence in Kolhapur. Initially, a crime bearing No. 39 of 2015 under Sections 307 r/w 34 IPC and Section 3(25) of the Arms Act was registered with the Rajarampuri Police Station, Kolhapur, and later Section 302 IPC was added after Govind Pansare succumbed to his injuries. Later, Rajarampuri Police Station, Kolhapur, investigated the crime, and thereafter the investigation was transferred to SIT, Kolhapur. During the SIT's investigation, the names of 12 accused were revealed, out of which 10 were arrested and two were reported to be absconding.

It was contented by the Petitioners that despite the initial investigation by the Rajarampuri Police Station and subsequent involvement of a SIT, significant progress had not been made, particularly in apprehending the absconding accuseds who were the alleged shooters, and there was no major headway in the said investigation. Further, it was also submitted that there is a common link between the four murder cases, namely, Dr. Narendra Dabholkar, Comrade Govind Pansare (present case), Professor M.M. Kalburgi, and Ms. Gauri Lankesh; all the aforementioned cases were coordinated and organized by the same mastermind. The Petitioners referred to paragraphs 75 and 108 of the judgment in the Dabholkar case (Sessions Case No. 706 of 2016), where it was observed that the mastermind had not been identified in the said case. It was highlighted that in the case pertaining to the murder of Dr. Narendra Dabholkar, the prosecution had failed to unmask the mastermind; thereby, monitoring the investigation in the present case is necessary.

In December 2024, while reserving its judgment, the bench clarified that there was no aspect of the case remaining that required further monitoring by the High Court. The ATS submitted a confidential report dated November 14, 2024, which stated that all aspects had been investigated except for apprehending the two absconding accused, Vinay B. Pawar and Sarang D. Akolkar @ Kulkarni. The bench also declined to entertain the argument made by the Petitioners that both the Special Investigation Team (SIT), which had been investigating the case since 2015, and the State's Anti-Terrorism Squad (ATS), which took over in 2022, had failed to adequately investigate potential connections between the murders of Pansare, rationalist Narendra Dabholkar, journalist Gauri Lankesh, and MM Kalburgi.

The bench further referred to the case of Vineet Narain & Ors. Vs. Union of India & Anr., [(1998) 1 SCC 226], where it was laid down by the Supreme Court that the task of the monitoring by Court would end, the moment a charge-sheet is filed in respect of a particular investigation and that the ordinary process of the law would then take over.

Thus, after relying on the precedents, the bench was of the opinion that further monitoring of the investigation of the present crime would not be necessary.

However, after taking into account the submissions, the bench directed the learned Judge of the trial Court to expedite the hearing of the case and to conduct it on a daily basis.

Case Title: Smita Pansare vs State of Maharashtra (Criminal Writ Petition 1565 of 2015)

Advocate for Petitoner(s): Senior Advocate, Mr. Anand Grover, Adv. Mr. Amit Singh & ors

Advocate for Respondent(s): Mr. Ashok Mundargi, Special P.P., Smt. M.M. Deshmukh, Addl. P.P & ors