V P PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 11/6/2011, Senior Journalist J. Dey, who was working with Mid Day newspaper was shot dead at 4.00 p.m. at Powai by unidentified gunmen. The basic prayer in the present writ petitions is that the investigation of the case pertaining to the murder of J. Dey be transferred to Central Bureau of Investigation (for short, the CBI ). PIL Petition No.28 of 2011 is filed by Mr. V.P. Patil, who is an advocate practising in this court. He is appearing in person. PIL Petition No.29 of 2011 is filed by Mr. S. Balakrishnan, who is also a journalist. Writ Petition No. 1629 of 2011 is filed by one Mr. Ketan Tirodkar in public interest. In PIL Petition No.28 of 2011, intervention application was filed by the Press Club, Mumbai and Marathi Patrakar Parishad, Mumbai. The applicants have been permitted to intervene by us.

(2.) Mr. Patil, who is petitioner in PIL Petition No.28 of 2011 has submitted that the investigation needs to be transferred to CBI because though more than about a month has elapsed after the murder, the police have not been able to collect any credible evidence. While the socalled investigation is on, the investigating officers are leaking out information to the public. Contradictory statements are issued to the Press which create doubt about the honesty and integrity of the investigating agency. In support of his submissions, Mr. Patil relied on the judgment of the Supreme Court in Narmada Bai v. State of Gujarat & Ors., 2011 AllSCR 1339. and judgment of this court in Shamin @ Chintu Jamaluddin Shaikh v. The Senior Inspector of Police, Khar Police Station, Mumbai & Ors., 2011 AllMR(Cri) 1560. Mr. Patil submitted that when there is public cry, there is no reason why the investigation should not be transferred to the CBI and it is not understood why the Mumbai Police should keep the investigation with themselves when they are not successful in tracing the real culprits.

(3.) Mr. Nair, learned counsel appearing for the petitioner in PIL Petition No.29 of 2011 submitted that there is a nexus between some senior police officers of Mumbai Police and the underworld. This is acknowledged by the Vohra Committee which was established by the Government to take stock of all available information about the activities of crime syndicates which had developed links with and were being protected by the Government functionaries and political personalities. Our attention was drawn to the conclusion of the said report that the organized crime in Mumbai is a reality that was created by the commissions and omissions of various Governments; that the organized crime gangs' penetration in various systems of governance is considerable and that the situation is such that the said penetration cannot be eradicated but can only be contained. Mr. Nair submitted that J. Dey was concerned with investigative journalism and was tracking the movements of oil mafia which is operating with the blessings of Mumbai Police. Therefore, the Mumbai Police cannot be trusted with the investigation. Mr. Nair submitted that it is surprising as to why the Mumbai Police are not able to find out who is behind this murder. This case has national and international ramifications and only agency like CBI can effectively investigate it.