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Synopsis

The Bombay High Court has transferred the case relating to the murder of UBT Shiv Sena Corporator Abhisekh Ghosalkar to the Central Bureau of Investigation (CBI). Ghosalkar was murdered live on Facebook.

A division bench of the high court, comprising Justice Revati Mohite Dere and Justice Shyam Chandak, was hearing a petition filed by Teejasvee Ghosalkar, the wife of Abhisekh Ghosalkar, seeking the transfer of the investigation to the CBI.

While transferring the investigation, the bench noted that it was a cold-blooded murder, captured live, and an incident that shook the conscience of the public.

“It was a cold-blooded murder captured live, an incident which shook the conscience of one and all. We may note that although the deceased belonged to a particular political party, the petitioner has not particularly alleged that some other political party was involved in the gruesome act,” the order states.  

Furthermore, the bench also observed that If all angles of a case are not examined as in the present case, it would lead to a travesty of justice.

“It is trite that, where it becomes necessary to provide credibility and instil confidence in investigation, that the investigation can be transferred to another agency. Unarguably, quality of investigation is an important aspect to detect the crime and book the perpetrator of the crime. If all angles of a case are not examined as in the present case, it would lead to travesty of justice. Therefore, even if there are innocent lapses in the investigation, it cannot be allowed to continue, as it would ultimately result in denial of a fair and impartial investigation, leading to miscarriage of justice, which cannot be permitted,” the order states.

Additionally, the bench recorded that the high court was transferring the investigation to the CBI to retain public confidence and to ensure, that justice was done.

Case title: Tejasvee Ghosalkar vs State of Maharashtra & Ors