Mumbai Police submitted that two chargesheets have already been filed so far, and that a third would soon be filed.
Palghar lynching case: Supreme Court asks Mumbai Police to place chargesheets on record, seeks report on investigation
The Supreme Court today asked the Mumbai Police to place on record the chargesheets filed thus far in relation to the Palghar lynching incident that took place in April this year. The Court has also asked the Police to file an affidavit detailing the status of the investigation in the case.
The Bench of Justices Ashok Bhushan and R Subhash Reddy asked for the affidavit to be filed within three weeks. The matter will be heard after the filing of the same.
During the course of the hearing today, Advocate Shashank Shekhar Jha, appearing as petitioner-in-person, argued that a Central Bureau of Investigation (CBI) probe was required.
Advocate Ashutosh Lohia, appearing for Juna Akhara, told the Court today that the State of Maharashtra has argued before the Bombay High Court that the hearing in the case ought to be adjourned sine die since the matter is being heard by the Supreme Court. He further argued that the probe needed to be monitored. He said,
"Maharashtra has registered two FIRs in the same incident. Even if chargesheet is filed, they will get acquitted. Some monitoring is needed to preserve the evidences too."
The Court proceeded to question the State of Maharashtra as regards the progress in the investigation. Advocate Rahul Chitnis told the Court that two chargesheets have been filed so far and a third charghesheet pertaining to the offence committed when the police went to take the accused into custody and what happened to the police thereafter, is going to be filed. He added that the same may not be relevant to the incident of lynching.
Solicitor General Tushar Mehta said that what needs to be ascertained is if the police is responsible for the offence.
The Court then granted the state three weeks' time to place the relevant material on record and file its affidavit.
Earlier last week, the Court had clubbed the plea preferred by Shashank Shekhar Jha along with others seeking a CBI or National Investigation Agency (NIA) led probe into the Palghar lynching case.
During the previous hearing, the Court had asked the Maharashtra government to file a status report. The same was submitted in a sealed envelope and taken on record by the Court.
The plea filed by Jha alleged police complicity in the incident and demanded a probe monitored either by a judicial commission or the CBI.
Jha had argued that the Sadhus were killed in the lynching incident despite seeking police help, the plea states.
Another application filed by Advocate Ghanshyam Upadhyay urges the Court to direct an NIA-monitored probe into the matter.
An intervention application was also filed by Advocate Om Prakash Parihar, who argued that if the Centre can direct the CBI to investigate the death of actor Sushant Singh Rajput, then it can do the same for the Palghar lynching case.
The lynching of the two Sadhus and a driver took place on April 16 in Maharashtra's Palghar. Following the brutal incident, the police had made several arrests in the case. Over 100 persons, including some minors, were arrested in connection to the case, while two police personnel stand suspended.
The suspended police personnel were found to be present at the scene of the crime when the incident took place. As captured in various video clips, they were seen to be inactive while the lynching was being carried out.
Hindu Sadhus of the Shri Panch Dashnam Juna Akhara and relatives of the two deceased priests approached the Supreme Court seeking a CBI investigation into the killing, claiming it was not possible for the Maharashtra CID to conduct a free and fair probe in the case.
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