Case Note & Summary
The judgment excerpt from the High Court of Judicature at Bombay records the hearing of five Miscellaneous Civil Applications filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of five Special Civil Suits pending before the Civil Judge Senior Division at Ponda, Goa, to courts in Maharashtra. The suits were instituted by Sanatan Sanstha, a public charitable trust and Hindu spiritual organization, against various applicants—journalists, activists, and family members of deceased rationalists—alleging that the defendants made and published deliberate, false, and defamatory statements that injured the plaintiff's reputation. The plaintiff sought damages, including a claim of Rs.10 Crores in the lead suit. The lead application, MCA No.52 of 2021, involved Hamid Dabholkar, son of late Dr. Narendra Dabholkar, and Nikhil Wagle, senior journalist, as applicants, and Sanatan Sanstha along with Sakal Newspapers and its editor as respondents. Other applications involved Nikhil Wagle against Tarun Bharat Daily and Aksharnama publications, and Alka Dhupkar against Aksharnama. The common thread was defamation suits arising from reports and statements criticizing Sanatan Sanstha. The factual background included the murder of Dr. Narendra Dabholkar on 28 August 2013 and Comrade Govind Pansare on 28 February 2015. The applicants alleged that the followers of Sanatan Sanstha were involved in these murders, as shown by chargesheets filed against individuals like Virendra Tawade and others. They also referred to supplementary chargesheets and the Nalasopara arms seizure case indicating nexus with murders of other rationalists. The applicants claimed that because they expressed views against the ideology of Sanatan Sanstha, they faced continuous threats to their lives. Hamid Dabholkar was provided 'X' category police security; Nikhil Wagle declined protection. They argued that if the suits were tried in Ponda, Goa—the headquarters of Sanatan Sanstha—they would face a hostile environment, constant fear, and possible interference with a fair trial due to overwhelming presence of sadhaks. They sought transfer to Mumbai, Pune, Kolhapur, or any other court in Maharashtra for safety and convenience. The legal issue before the court was whether the grounds under Section 24 of the Code of Civil Procedure, 1908 justified transfer of the suits from Goa to Maharashtra, given allegations of threat to life and fair trial concerns. The applicants relied on apprehension of bias and hostile atmosphere; the respondent resisted the transfer. The court heard all applications together due to common questions of fact and law. However, the provided excerpt ends before the court's analysis and final decision; it records the reservation of judgment on 25 April 2025 and pronouncement on 3 September 2025, but the operative order is not included in the excerpt.
Headnote
A) Civil Procedure - Transfer of Suits - Section 24 of Code of Civil Procedure, 1908 - Transfer of defamation suits sought on grounds of threat to life and fair trial - Applications filed under Section 24 CPC to transfer Special Civil Suits pending at Ponda Goa to any court in Maharashtra; applicants alleged serious threats, hostile environment at plaintiff's headquarters, and possible interference with fair trial, citing chargesheets in murder cases alleging involvement of plaintiff's followers; court heard all applications together on common grounds (Paras 1, 2, 5.4-5.10).
Issue of Consideration
Whether the defamation suits pending before the Civil Judge Senior Division, Ponda, Goa should be transferred to a court in Maharashtra under Section 24 of the Code of Civil Procedure, 1908 on grounds of threat to life and fair trial.
Law Points
- Transfer of suits
- Section 24 CPC
- apprehension of threat
- fair trial
- defamation
- hostile environment
Case Details
2025 LawText (BOM) (09) 117
Misc. Civil Application Nos.52 of 2021, 89 of 2021, 90 of 2021, 124 of 2021 and 106 of 2021
Mr. Amit Singh, Mr. Kabeer Pansare, Mr. Bhushan Bhadgale, Mr. Sandesh Shukla, Mr. Vivek Patil, Ms. Anasamah Sayed, Mr. Devesh Sawant, Mr. Afsar Ansari, Mr. Amol Thorat, Mr. Rajendra V. Pai, Ms. Siddhi Bhosale, Ms. Ashesha Chheda, Mr. Saharsh Sahakhare, Mr. Akshay Pai, Ms. Bina R. Pai, Mr. Sachindra Shetye, Mr. Prabhakar M. Jadhav, Ms. Suchita R. Chavan, Mr. A.P.Mahadik, Mr. Akshay Pansare, Mr. Nipun Sawane
Hamid Narendra Dabholkar, Nikhil Wagale (MCA 52/2021); Nikhil Wagale (MCA 89/2021, 90/2021, 124/2021); Alka Dhupkar (MCA 106/2021)
Sanatan Sanstha (Respondent No.1 in all MCAs); Manoj Balraj Salunkhe, Sakal Papers Private Limited, Shriram Jaisinrao Pawar (MCA 52/2021); Jayant Mantri, Tarun Bharat Daily Pvt. Ltd. (MCA 89/2021); Ram Jagtap, M/s. Diamond Publications (MCA 90/2021, 124/2021, 106/2021)
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Nature of Litigation
Applications under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of defamation suits pending before the Civil Judge Senior Division, Ponda, Goa to courts in Maharashtra.
Remedy Sought
Transfer of Special Civil Suit Nos.14 of 2017, 15 of 2017, 35 of 2018, 26 of 2018 and 25 of 2018 from the Court of Civil Judge, Senior Division, Ponda, Goa to any Court of competent jurisdiction at Mumbai, Pune or Kolhapur or any other station in the State of Maharashtra.
Filing Reason
Applicants apprehended serious and continuous threat to their lives and well-being, hostile environment at Ponda, Goa (plaintiff's headquarters), and possible interference with fair trial due to overwhelming presence of plaintiff's sadhaks.
Issues
Whether the defamation suits pending before the Civil Judge Senior Division, Ponda, Goa should be transferred to a court in Maharashtra under Section 24 of the Code of Civil Procedure, 1908 on grounds of threat to life and fair trial.
Submissions/Arguments
Applicants contended that respondent No.1 had initiated proceedings against late Dr. Dabholkar and Comrade Govind Pansare and that followers of respondent No.1 were allegedly involved in their murders as per chargesheets.
Applicants alleged that they faced continuous threat to life and well-being, with applicant No.1 having X category police security and applicant No.2 having refused police protection.
Applicants asserted that presence of plaintiff's sadhaks at Ponda Goa could interfere with fair trial and cause miscarriage of justice.
Applicants argued that respondent No.1 would not suffer any prejudice if suits are transferred.
Judgment Excerpts
These Applications are filed under Section 24 of the Code of Civil Procedure, 1908 (‘the Code’), seeking transfer of Special Civil Suit Nos.14 of 2017, 15 of 2017, 35 of 2018, 26 of 2018 and 25 of 2018 instituted by Sanatan Sanstha, (R1) in all the applications, against the Applicant(s) in the respective applications and other Defendants, from the Court of Civil Judge, Senior Division, Ponda, Goa, to any Court of competent jurisdiction at Mumbai, Pune or Kolhapur or any other station in the State of Maharashtra.
A common thread which permeates the abovenumbered suits instituted by the Respondent No.1 – Plaintiff is that the applicants and other co-defendants have made and/or published deliberate false and defamatory statements, and, thereby defamed the Plaintiff and, hence, the suits for award of damages for the injury caused to the reputation of Plaintiff.
Procedural History
Five Misc. Civil Applications (Nos.52, 89, 90, 124, 106 of 2021) were filed under Section 24 CPC seeking transfer of five Special Civil Suits pending before Civil Judge Senior Division, Ponda, Goa. The suits were instituted by Sanatan Sanstha against the applicants and other defendants alleging defamation. The applicants in each application appeared and filed written statements before the Goa court. They then filed the present transfer applications before Bombay High Court. The applications were heard together on common grounds and reserved for judgment on 25 April 2025; judgment pronounced on 3 September 2025.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
