Mumbai: An accused has a right to a speedy trial, but not against further investigation, observed the Bombay High Court on Wednesday while hearing a plea by two persons accused in killing of CPI leader Govind Pansare.
Court: Nothing adverse has happened to you except that you are facing trial
A division bench of Justices Ajey Gadkari and PD Naik said: “There is a difference between the rights of an accused when it comes to further investigation. We have not stayed the trial, the trial is ongoing. As far as further investigation is concerned, you have no say.”
The justices added: “After filing the chargesheet, you have been arraigned as an accused. Your right to ask for a speedy trial is different than right to have a say in further investigation of the case. As of today, nothing adverse has happened to you except that you are facing trial.”
The HC was hearing applications filed by accused Sharad Kalaskar and Vikram Bhave seeking that the high court stop monitoring the investigation and the trial in the case since the chargesheet was already filed and the trial was underway. They contended that the same was delaying the trial.
However, the court was not inclined to hear the plea.
Advocates for the accused said that they are facing difficulties since the trial has been stalled for more than 7 years because of the orders passed by the High Court while monitoring the case.
Court: You do not have a legal right to be heard
The court rejected the argument saying: “You do not have a legal right to be heard, at least at this stage. What we are monitoring is the further investigation, the investigation towards the two absconding accused.”
On August 3, the HC transferred the investigation into Pansare's murder to the Maharashtra Anti-Terrorism Squad (ATS) on a plea filed by his daughter, Smita Pansare. Pansare was shot down by some extremists on February 20, 2013.
Their advocate Abhay Nevagi pointed out the snail pace at which the probe was moving in the case.
The ATS submitted a progress report of the investigation on Wednesday.
The bench expressed its satisfaction at the steps taken by the ATS team on the further investigation more specifically to track the absconding accused.
On a court query, Senior Advocate Ashok Mundargi, appearing for the ATS, said that the process was ongoing and the agency will still require some more time.
The Court directed the agency to submit its next report apprising them of the progress of the investigation in 4 weeks and kept the matter for hearing on March 3, 2023.
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