Threat fear 'reasonable, genuine': HC transfers defamation suits against Dabholkar son, scribes

Mumbai, Sep 4 (PTI) The apprehension of threat made by son of slain rationalist Narendra Dabholkar and some journalists against Goa-based Sanatan Sanstha appears to be "reasonable and genuine", the Bombay High Court said as it allowed transfer of defamation suits to Maharashtra.

The right-wing group had in 2017 and 2018 filed defamation suits against Hamid, son of Narendra Dabholkar, and several other scribes before a court at Ponda in Goa alleging they had made and/or published false and defamatory statements against the outfit, thereby damaging its reputation.

A single bench of Justice N J Jamadar, in its September 3 order made available on September 4, allowed the transfer of these defamation suits from the court at Ponda, where the Sanatan Sanstha has its headquarters, to Maharashtra on pleas by the defendants, in the interest of justice.

Hamid Dabholkar and the journalists moved the HC seeking transfer of the defamation suits from the Ponda court to any other court in Maharashtra, apprehending threat to their lives as the Sanatan Sanstha has a "stronghold" in Goa.

The pleas apprehend they, too, might meet the same fate as Dabholkar and others like activist Govind Pansare, professor M M Kalburgi and journalist Gauri Lankesh -- all murdered in separate incidents -- if their trial is held at Ponda.

Justice Jamadar, in the September 3 order, noted that if the animosity bordering on enmity between the Sanatan Sanstha and the applicants is considered, then the apprehension raised by the petitioners in their pleas are "reasonable and genuine".

"The command of dictate of justice would be better served if the suits are transferred from the court at Goa to a court in Maharashtra," the HC observed.

The bench directed for the suits to be transferred to a court in Kolhapur district in south-western Maharashtra in the interest of justice.

The court, however, stayed operation of its order for a period of six weeks at the request of the Sanstha.

The bench noted that in the Dabholkar murder case, two persons have been convicted and Pune's sessions court, in its 2024 judgment, has noted the Sanatan Sanstha and some other right-wing organisations had bitterly opposed the rationalist's activities and campaign against superstition.

It was established by prosecution witnesses in the Dabholkar case that the accused were connected with the Sanstha, the HC noted.

The trial court, in its judgment, also concluded that there was reliable evidence that the Goa-based right-wing group was bitterly opposing Dabholkar, who was shot dead by assailants in Pune in August 2013, Justice Jamadar said.

The judge further said as per the Pune sessions court, a premier investigating agency like the CBI, which probed the case, failed to establish the identity of the mastermind behind Dabholkar's killing.

These findings of the sessions court appear sufficient to instil a sense of fear in the minds of the applicants (Hamid Dabholkar and journalist Nikhil Wagle), the HC said.

The bench further noted Hamid Dabholkar was examined as a prosecution witness in the murder case of his father and that he still continues to be critical of the ideologies and activities of the Sanatan Sanstha.

The court noted the killings of other prominent persons like Pansare (February 2015), Kalburgi (August 2015) and Lankesh (September 2017), who were also critical of the thoughts propagated by the Sanatan Sanstha, lends gravity to the situation. PTI SP RSY