Mukta Dabholkar, daughter of deceased

As per the order, Andure and Kalaskar have been convicted for offences punishable under Section 302 read with Section 43 of the Indian Penal Code, and Section 3(25) of the Arms Act. “Section 302 attracts the highest punishment of death or life imprisonment. Certainly, this is not a rarest rare case, attracting the death penalty. Therefore, there is no other option except the imprisonment for life,” the order read.

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“Admittedly, except for ideological differences with the deceased, Andure and Kalaskar did not have any personal enmity or rivalry against Dr Dabholkar. The murder was committed with a very well-prepared plan, which was executed by the accused. Considering the economic and social status of the accused, they are not the masterminds of the crime,” the court observed.

Narendra Dabholkar, who was murdered in 2013

According to the order, the main mastermind behind the crime is someone else. “The Pune police as well as the CBI has failed to unearth those masterminds. They have to introspect whether it is their failure or deliberate inaction on their part due to the influence of any person in power,” the order read.

Defence’s approach slammed

The court further stated: “At the same time, the approach of the defence was to justify the killing of the deceased, by labelling him anti-Hindu. In the said attempt, advocate Shri Salshingikar referred to a yearly magazine that was published more than five years after the death of Dr Dabholkar. The said approach is very strange and is condemnable.”

Sharad Kalaskar and Sachin Andure, who allegedly shot rationalist Narendra Dabholkar

“As already observed, it was not an exclusive act of Andure and Kalaskar. Unfortunately, the prosecution has failed to unmask the masterminds,” the court further commented. The court acquitted three accused in the case but in its detailed judgment stated that there was evidence of motive for the murder of Dabholkar against Tawde and there was reasonable suspicion against Punalekar and Bhave, showing their involvement in the crime. 

“However, the prosecution has failed to establish the involvement of Tawade, Punalekar and Bhave by leading reliable evidence to convert motive and suspicion into the form of evidence showing their involvement in the crime (sic).” said the court. The evidence against Andure and Kalaskar proves without a reasonable doubt that they killed Dabholkar by firing bullets, the court stated.

Alleged roles

Accused Sanjeev Punalekar, an advocate, and Vikram Bhave, his associate

During the CBI’s investigation of the case, it was revealed that Tawde discontinued his practice in 2000 and became associated with Sanatan Sanstha. In 2003, he became coordinator of the organisation in Kolhapur. The following year, the Hindu Janajagruti Samiti (HJS) started its activities in Kolhapur and Tawde used to participate in them. This was when differences arose between Tawde and Dabholkar. Tawde had personally agitated against Dabholkar and attempted to disrupt programmes in which the latter was participating. Tawde was arrested on June 10, 2016. It was alleged that Tawde had hatched the conspiracy to murder Dabholkar.

According to the Central Bureau of Investigation, on September 17, 2012, Punalekar sent a letter to Dabholkar opposing the views of the latter about water pollution and Ganesh visarjan. The agency claimed that Kalaskar had visited Punalekar’s office in Mumbai and at the time, Bhave was also present. Kalaskar had opened up about his alleged role in the murder of Dabholkar. Punalekar allegedly told Kalaskar to destroy the firearms used in the murder and accordingly, he got rid of four country-made pistols. It was alleged Bhave had arranged for a motorcycle Andure and Kalaskar to conduct a recce about 15 days before the incident. Bhave had allegedly shown the escape route to Andure and Karaskar.

The prosecution has been stating that Dabholkar was the main force behind the Maharashtra Eradication of Black Magic, Evil and Aghori Practices Bill, 2005 and the Sanatan Sanstha was opposed to his ideology and activities. It believes that this enmity was the main motive behind the murder.

Daughter’s reaction

Mukta Dabholkar expressed her thoughts on the recent developments in her father’s case, stating, “The court has convicted two accused after ten years, affirming them as the shooters who took my father's life, sentencing them to life imprisonment and we welcome the verdict. Some of these were also involved in the murders of Govind Pansare and journalist Gauri Lankesh, and I believe they will face justice for those crimes as well. Regarding the acquittal of the three accused, we will pursue the matter in the higher court. I urge the agencies to collaborate and work together, as all these murder cases are interconnected.”

Dr Virendra Tawde, one of the alleged masterminds

She added, “Our fight against superstition will persist. Since the enactment of the Anti-Superstition and Black Magic Ordinance in 2013, several cases have been registered in the state under this Act, thanks to my father's relentless efforts and sacrifice. In Maharashtra, no one can promote miracles through black magic, not even figures like Bageshwar Dham, due to the stringent laws established as a result of my father’s dedication.”

Sanstha’s statement

A statement issued by the Sanatan Sanstha on Friday read, “We respect the verdict given by the honourable court. The verdict has proven that the seekers of Sanatan Sanstha were innocent. The conspiracy of ‘Urban Naxals’ to prove Sanatan Sanstha a ‘Hindu terrorist organisation’ has failed... The conspiracy to use UAPA to prove Sanatan Sanstha a ‘saffron terrorist organisation’ and ban it has been foiled.

Despite the convicted Hindu activists Sachin Andure and Sharad Kalaskar neither being the office-bearers of Sanatan Sanstha nor being directly involved in any of its activities, we strongly feel that they too were implicated in this case. Hence, the advocates who fought this case and played a role in the acquittal of Sanatan’s seekers, declared that they would appeal in the high court and fight for their acquittal. We are confident that Andure and Kalaskar will be acquitted by the high court.

The organisation also alleged that the investigating agencies had constantly changed their stand and raised questions about whether members of the Andhashraddha Nirmoolan Samiti and Dabholkar’s family had pressurised witnesses and the agencies.

The organisation claimed that in the last 11 years, 1,600 ‘seekers of Sanatan’ were interrogated and ashrams were raided. “The case was prolonged in the name of finding the mastermind. The CBI has stated in the charge sheet that after investigating all the office bearers of the Sanatan Sanstha, no one was found guilty,” the statement read.

Aug 20
Day in 2013 when Dabholkar was gunned down