Single-judge Justice Revati Mohite Dere said this while hearing the bail plea filed by prime accused Virendrasinh Tawade.
When the matter came up for hearing, the Court was informed by the counsel for Central Bureau of Investigation (CBI), Sandesh Patil that out of 32 witnesses, 8 witnesses have been examined and the 9th witness, who is a key witness has been partly examined.
Advocate Hare Krishna Mishra, appearing for Tawade, stated that only 9 witnesses had been examined so far and asked the Court to post the matter for hearing next week.
The Court, however, clarified that if witnesses are being examined, then the High Court will expedite the trial.
“We will expedite the trial. We will have to go by the chargesheet, not by evidence. We are not inclined to hear this application. We will keep it pending. How can we go into evidence while hearing bail application?,” she said.
The Court asked Patil to apprise it by next week on how the agency will proceed with their investigation, and how much time will be taken to complete examination of witnesses.
“Give us a reasonable estimate on the time for (examination of) witnesses, and we will pass an order to expedite the trial,” Justice Dere said.
The same bench also asked the Maharashtra government to take a decision on the application filed by the kin of Govind Pansare seeking transfer of the Communist Party of India politician’s murder case to the State Anti-Terrorism Squad (ATS).
During the hearing on Thursday, the Special Public Prosecutor and Senior Advocate Ashok Mundargi representing the Special investigation team (SIT) sought time to take instructions on the application.
He also informed the Court that the officer who is in charge of the SIT investigation was unwell and sought time to file status report and also seek appropriate instructions for the transfer of investigation.
The Court said that though telephonic instructions can be taken today, it will grant a week’s time to to take instructions.
“This can’t go on endlessly. A decision has to be taken at the earliest. We can’t wait endlessly. We want a decision on this,” the judge said.
Advocate Abhay Nevagi representing the petitioner, stated that the government would act only when the Court gives direction.
“That is true, but the government should be there first,” Mundargi quipped.
The application pointed out that there is a larger conspiracy in the murders of Pansare and other activists like Narendra Dabholkar, MM Kalburgi and Gauri Lankesh which ought to be investigated.
Pansare was killed in 2015 and the Crime Investigation Department (CID) SIT had arrested some accused; however trial has not commenced yet.
Source: Barandbench
