NEW DELHI, MARCH 19: The Supreme Court today admitted a writ petition seeking a direction to the Central Bureau of Investigation (CBI) to reopen the 1948 Mahatma Gandhi murder case for investigation so that the ``really guilty'' could be brought to book.The petitioner, Pradeep Chandrakant Dalvi, playwright and author of the controversial play Me Nathuram Godse Boltoy which was banned by the Maharashtra Government at the instance of the Centre, prayed that the CBI proceed against other persons ``appearing to be guilty of the murder of the Father of the Nation.''
The petitioner said all the records and proceedings in respect of the murder case, including the report with statements of witnesses and documents recorded by the Delhi police, be produced in the light of the new facts and circumstances raised by him.
The petitioner contended that he had noticed discrepancies, illegalities and irregularities in evidence relied upon by the prosecution to prove charges of murder and conspiracy and ``foundsufficient grounds to presume that there were other persons involved in the conspiracy and murder.''The petitioner prayed that ``the investigation be made against those persons who suppressed critical material evidence''.
The petitioner maintained that ``the Mumbai and Delhi police did not investigate the case properly, nor was it tried properly by the prosecution even as the court on its own too did not bring the glaring discrepancies, material and critical evidence on record.'' This, he said, ``facilitated others involved in the crime to go scot free, thus depriving the nation and the citizens of knowing the true and correct (sic) facts.''
Mahatma Gandhi was shot dead on January 30 by Nathuram Godse while on his way to the dais for a prayer meeting in the Capital. Godse and his co-accused were tried at Red Fort.
On February 10, 1949, the court awarded death sentence to Godse and Narayan Apte and life term to the others, whereas Veer Savarkar was acquitted and Digambar Badge granted pardon. Twelvepersons were accused of different charges and three were absconding while Badge turned approver.
The appellate court confirmed the conviction of the accused but found Shankar Kistaiya and Dr Parchure not guilty and acquitted them. Thereafter, the absconding accused surrendered before a court in Gwalior and were later set free.
``On perusing the entire material and records as reported in printed material in the murder case and other data'', the petitioner claimed that ``there were sufficient grounds to presume that the case was not properly investigated or tried by the prosecuting machinery as there appeared to be other persons who were involved in the murder.''
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.