Arguing that the Mumbai police has done substantial investigation in the murder case of senior journalist Jyotirmoy Dey, Maharashtra government today opposed petitions filed in the Bombay high court seeking transfer of probe to CBI.
Arguing that the city police has done substantial investigation in the murder case of senior journalist Jyotirmoy Dey, Maharashtra government today opposed petitions filed in the Bombay high court seeking transfer of probe to CBI.
"The crime branch of city police has probed the matter. The investigation is almost coming to an end. The stringent provisions of Maharashtra Control of Organised Crime Act (MCOCA) have been applied against the eight arrested accused," advocate general Ravi Kadam argued.
A division bench of Justice Ranjana Desai and Justice RV More was hearing a bunch of public interest litigations filed by advocate VP Patil, journalist S Balakrishnan and Press Club, Mumbai, seeking CBI probe into the murder.
The advocate general told the court that only "exceptional" cases which require special expertise and knowledge is handed over to an independent agency like CBI.
"The petitioners have not placed any material to substantiate their prayer to transfer the case to CBI," Kadam said.
Referring to allegations made by the petitioners that the police may not conduct a fair investigation as Dey had during his career written several stories revealing the nexus between police and underworld, Kadam said, "No specific allegation has been specified against the investigating police team. Just because of one black sheep the image of the entire police force cannot be marred."
The bench, after hearing the arguments, reserved its order.
The court had on the last hearing directed the advocate general to find out which police officer was revealing information about investigation.
On this, Kadam today said, "No police officer is talking to the media. Only when there is a substantial development in the case the senior most officer of crime branch either issues a press release or addresses the media."
This mechanism was developed so as to keep the public informed about developments in sensational cases which are of public interest.
The court, however, remarked that the police should maintain a balance while revealing information to the media.
"The question is how much information can be revealed. Sometimes too much is told," Justice Desai said.
Refusing to accept Patil's arguments that the case has international ramifications as a journalist has been murdered allegedly by a gangster who is not in India, Justice Desai said, "Even the Kasab case had international ramifications but it was handed properly by the Crime Branch."
Senior counsel Navroze Serwai, appearing for Press Club, argued that police is yet to nab the main accused in the case and have so far given contradictory reports to the media on investigation.
Dey, 56, employed as editor (investigations) of Mid-Day, was shot dead on June 11 at suburban Powai. The crime branch has so far arrested eight persons who had carried out the murder allegedly at the behest of underworld don Chhota Rajan.
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