Case Note & Summary
The applicants, who are the daughter and daughter-in-law of deceased Comrade Govind Pansare, filed an interim application seeking transfer of further investigation in Criminal Case No. 39 of 2015 from the Special Investigating Team (SIT) to the Maharashtra Anti-Terrorism Squad (ATS). They also sought directions for the SIT and CBI to cooperate with the ATS for the handover. The applicants contended that despite the court monitoring the investigation since 2015, the shooters and masterminds have not been arrested. The court, after hearing the parties, found no ground to transfer the investigation as the SIT is already conducting the investigation and the applicants' grievances can be addressed by the SIT. The application was dismissed.
Headnote
A) Criminal Procedure - Transfer of Investigation - SIT to ATS - No ground for transfer - Applicants sought transfer of investigation from SIT to ATS alleging that shooters and masterminds have not been arrested - Court held that the SIT is already conducting investigation and the applicants' grievances can be addressed by the SIT - Application dismissed (Paras 1-3).
Issue of Consideration
Whether the investigation of the murder of Comrade Govind Pansare should be transferred from the Special Investigating Team (SIT) to the Maharashtra Anti-Terrorism Squad (ATS) for further investigation to identify masterminds and shooters.
Final Decision
The interim application is dismissed. No ground to transfer investigation from SIT to ATS.
Law Points
- Transfer of investigation
- Monitoring of investigation
- SIT
- ATS
- Masterminds
- Shooters
