Justice AM Khanwilkar and Justice AR Joshi transferred the probe from crime branch to CBI on a petition filed by Chintu Shaikh, who had alleged that Nitesh, chief of Swabhiman Sanghatana, had shot at him at the NGO office in Mumbai last September.
Observing there were inexplicable circumstances which created doubts about the manner of probe, Bombay High Court today transferred to CBI the investigations into alleged attack by Nitesh Rane, son of Maharashtra iundustries minister Narayan Rane, on an activist of an NGO.
Justice AM Khanwilkar and Justice AR Joshi transferred the probe from crime branch to CBI on a petition filed by Chintu Shaikh, who had alleged that Nitesh, chief of Swabhiman Sanghatana, had shot at him at the NGO office in Mumbai last September.
Shaikh, who was a member of the NGO then, had moved the High Court seeking CBI probe, saying that Narayan Rane, a Congress leader and a Cabinet minister, was interfering in the probe. State had later handed over the probe to the crime branch.
During the hearing, the high court had directed the crime branch to submit video recording of the spot, panchnama and records of the case.
"There are inexplicable circumstances borne out from the record which create doubt about the manner in which the investigation has taken off soon after the incident, it has become necessary to provide credibility and instil confidence in the investigation of this case, which involves son of the sitting cabinet minister of the state and brother of a member of Parliament," the judges noted in a 45-page order.
Shaikh filed a complaint with Powai police on September 23 last alleging that Nitesh, who was upset that day for some reason, had shot at him twice at NGO's Khar office. Shaikh had alleged that a bullet grazed his cheek, causing an injury.
The bench noted no custodial interrogation has been made so far in the case. Instead, the investigation is now directed to find out whether the injury suffered by the petitioner was a self-inflicted wound.
"The statement of accused and his supporters was intended to suggest that no incident had taken place. Instead, the assertion is that the petitioner did not come to the office of Nitesh Rane at all on that day. Later, the accused and his supporters, whose statements were recorded, conceded of having called the petitioner on telephone on that day.
"The fact that the petitioner reached the office of Nitesh Rane is supported by witnesses. That belies the claim of the accused and his supporters," the judges noted.
Merely because the investigation is now transferred to crime branch does not mean that it is a free, fair and impartial investigation of the case. For, the crime branch has taken over the investigation from the stage it was left by Khar police station and has toed the same line on account of the record already created in that regard, the bench said.
"The quintessence is not only to do free, fair and impartial investigation of a criminal case, but it should also be seen to be so done", the judges observed.
"Since the petitioner has complained against Nitesh who is the brother of a sitting MP and son of Maharashtra minister, coupled with the circumstances presented from the record, which raise issue of credibility of the investigation done so far, the appropriate course, in our opinion, is to transfer the investigation to CBI," the bench remarked.
The court further remarked the haste with which Narayan Rane held a press conference revealing Shaikh's medical report, it is necessary to enquire into all angles.
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