SC dismisses plea seeking re-probe into Mahatma Gandhi's assassination
The Supreme Court today dismissed a plea seeking a re-investigation into the assassination of Mahatma Gandhi. A bench of Justices SA Bobde and L Nageswara Rao, which heard the matter, dismissed the petition filed by Mumbai-based Pankaj Phadnis from Abhinav Bharat. The court made it clear that it would not go by "sentiments" but rely on legal submissions to decide on the petition.
Plea seeking retrial of the case based on academic research
The apex court said the plea seeking retrial was based on academic research but that could not form the basis to reopen the matter which happened years ago. The petitioner, a trustee of charitable trust Abhinav Bharat, had questioned the "three bullet theory" relied upon by various courts to hold the conviction of Nathuram Godse and Narayan Apte who were hanged.
A need to examine whether there was a fourth bullet
The petitioner had contended that there was a need to examine whether there was a fourth bullet, which was fired by someone other than Godse. Phadnis had also sought the expunction of "adverse, unfounded" remarks made by the Kapur Commission in 1969 report against Vinayak Damodar Savarkar and the setting up of a commission to probe the conspiracy behind the incident.
Maratha community was "maligned", alleged the petitioner
Phadnis alleged that the Maratha community was "maligned" due to these adverse remarks, which should hence be removed. He said there should be a retrial of the case, which led to the conviction and execution of Godse and Apte on November 15, 1949. The apex court, however, said it did not share his sentiments that Marathas have been maligned.
The apex court's observation on "Maratha community being maligned"
"Maratha people have survived in spite of all this. You are talking about two persons who happened to be from Maharashtra. They do not represent the state. An observation about two persons does not malign whole Marathis," the court stated.
Alleged conspirators hanged even before the final murder trial: Petitioner
Phadnis claimed in his affidavit that the alleged conspirators were hanged even before the murder trial had attained legal finality from the top court. Gandhi was shot dead at point-blank range in New Delhi on January 30, 1948, by Godse, a right-wing advocate of Hindu nationalism. The assassination case had led to the conviction and execution of Godse and Apte on November 15, 1949.
