Palghar lynching case: Let CBI or SIT probe, say near identical petitions in SC, Bombay HC

The Supreme Court on Friday agreed to hear a petition seeking the probe into the Palghar lynching incident to be transferred to the Central Bureau of Investigation (CBI) or a court-monitored Special Investigation Team (SIT). The Bench of Justices Ashok Bhushan and Sanjiv Khanna took up the PIL filed by Advocate Shashank Shekhar Jha for hearing via video conferencing today, legal news website BarandBench.com reported.

While it did not pass any orders as regards stay on the ongoing investigation in the case, the court has sought a status report from the state of Maharashtra. The next date of hearing is fixed after four weeks. The petitioner was directed to serve a copy of the petition to the counsel of the state of Maharashtra.

The state of Maharashtra shall submit the report regarding the status of the investigation in the meantime, the court said.

The lynching of the two Sadhus and a driver took place on April 16 in Maharashtra's Palghar. Following the brutal incident, the police had made several arrests in the case. Over 100 persons, including some minors, were arrested in connection to the case, while two police personnel stand suspended.

The suspended police personnel were found to be present at the scene of the crime when the incident took place. As captured in various video clips, they were seen to be inactive while the brutal lynching was being carried out.

The petitioner before the Supreme Court has highlighted that even the National Human Rights Commission has issued notice to the police chief of Maharashtra, while observing that incident is "apparently indicative of negligence by the public servants".

The plea raises the possibility of the incident being pre-planned and says that there could have been police involvement in the same. It adds that despite a nation-wide lockdown, a mob of over 100 people gathered, that too in the presence of the police.

"The involvement of police in the said lynching not only shaken the faith of millions in the Police forces but has also made it impossible to trust the investigation carried on by the same police officials," the plea said.

In his petition, Jha has sought directions for the probe to be conducted by a Judicial Commission, or a court-monitored SIT, or an agency like the CBI. As of now, the investigation is being conducted by the CID of the Maharashtra Police.

Additionally, the petitioner has also sought for the trial in the case to be transferred from Palghar to the Fast Track Court at Saket Court, Delhi, in the interest of a fair and expeditious trial. A direction for registration of an FIR against the police personnel present at the time of the incident is also prayed for by the petitioner.

Meanwhile, an almost identical plea was moved before the Bombay High Court which has issued notice and sought response from the state of Maharashtra.

The petition was filed by one Alakh Alok Shrivastava in view of videos indicating that the state police present during the incident did not intervene when it happened, reported BarandBench.com.

Admitting the petitions, the Single Judge Bench of Justice Ujjal Bhuyan has sought a response from the state of Maharashtra, the Director General of Police of the Maharashtra police and the CBI on this plea within two weeks.

The court has also asked the authorities to file a report on the investigation conducted thus far, including a status report on the departmental inquiry conducted against the suspended police officials in relation to this incident. The court will hear the matter next on May 20.

The petitioner's case is that when the incident of the lynching took place on April 16, it appears that the police present did not even attempt to stop the mob from brutalising the three persons. These submissions are founded on various video clips and media reports that have emerged since.

"There are allegations that one of the police personnel pushed the elderly Sadhu to the violent mob, instead of saving him, which led to his brutal lynching," the petitioner adds further.

Being "personally aggrieved and deeply anguished" by the "heartwrenching" and brutal lynching of the victims, the petitioner has moved the High Court under Article 226 seeking for the probe to be

transferred from the Maharashtra Police to an independent central agency such as the CBI or a Special Investigation Team (SIT).

"The aforesaid incident of brutal lynching of the abovenamed Sadhus has shocked the conscience of a large number of people of India and it is in the interest of justice that a free and fair investigation is conducted in the instant case under the monitoring of this Hon’ble Court," the petitioner submits.

Since there are allegations of omission of action on the part of the Police personnel, the probe in the case ought to be conducted by an independent agency, the petitioner has argued.

In addition to the transfer of the probe, the petitioner has also prayed for a direction for the state of Maharashtra to disburse compensation for one of three victims of the lynching given that the two Sadhus had already renounced worldly pleasures, says the report published by BarandBench.com. A direction for the initiation of strict disciplinary and penal action against the erring personnel has also been sought.