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After originally opposing the handing over the investigation to the CBI, the Maharashtra Government last year in October had filed an affidavit before Court saying that it had no objection to the same.
The Supreme Court today directed the State of Maharashtra to file an affidavit before it stating that it is referring the investigation into the 2020 Palghar sadhu lynching case to the Central Bureau of Investigation.
In the Palghar case, two sadhus who were travelling from Mumbai to Surat were stopped by a mob of over 200 people and were consequently attacked by them.
When the case was taken up today, a CJI Chandrachud led bench was informed that State of Maharashtra had filed an affidavit saying that it had no objection to CBI investigation.
Last year, an affidavit was filed by the Government of Maharashtra through Ramkumar, Assistant Inspector General of Police(L & O), in the office of the Director General of Police, Mumbai, Maharashtra, stating:
"...the Petitioners have sought transfer of investigation to the CBI, in as much as according to them, it is imperative for achieving an impartial and independent investigation in the matter. I say and submit that the State of Maharashtra is ready and willing to hand over the investigation in C.R. No. 76/2020 and C.R. No. 77/2020 to the CBI and would have no objection for the same."
Today, Justice Pardiwala, who was also a part of the bench question the state as to what was the status of investigation in the 20 odd FIRs was filed in the case.
At this juncture, CJI said to the counsel for the State of Maharashtra, "Also, why should we pass an order, you should refer it to CBI, we will simply list it on April 14, let them file an affidavit.."
The counsel agreed to do so saying, "Ok, we will do that".
Writ petitions were filed before the Supreme Court after two sadhus, namely, Maharaj Kalpavriksha Giri @ Chikna Baba and Shri Sushil Giri Maharaj were attacked and lynched by a mob in Palghar.
The common prayer in all the writ petitions related to transfer of investigation to the Central Bureau of Investigation (CBI) in order to conduct an independent and impartial investigation in the matter alleged bias by the State authorities who were investigating the matter.
Maharashtra government had originally opposed the plea but has now changed its stance saying that it has no objection to handing over the investigation to the CBI.
Case Title: Mahant Siddhanand Saraswati vs. State of Maharashtra
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