2020 Palghar Lynching: State Ready To Transfer Case To CBI, Files Affidavit In Supreme Court

"I say that, 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," the Affidavit read.

In the Petition filed by Pooja Nilesh Telgade, wife of the driver Nilesh Telgade who was killed in lynching at District Palghar, Maharastra in incident occurred at Village-Gadchinchale, Taluka-Dahanu and District-Palghar Maharashtra along with two other Sadhus, the Petitioner had prayed before the Supreme Court that the transfer of the case to the CBI was needed to ensure an impartial and independent investigation into the case.

The petition was filed through Advocate Rashmi Singhania while Advocate Aaditya A. Pande filed the affidavit on behalf of the State.

The Petitioner had contended before the Court that the husband of the Petitioner was accompanying the Sadhu's as driver and they were travelling from Maharashtra to Gujarat to attend the funeral of Guru Shri Mahant Ram Giriji.

As soon as they passed through Forest Check post area (place of incident) and reached Maharashtra - Dadra Nagar Haveli Border, the deceased Sadhus were stopped by some policemen at the border; and they asked them to return.

Further, it was submitted that the husband of the petitioner took the same route to return via Forest Check Post Area. At about 8 PM, they reached Forest Check Post Area wherein mob armed with sticks, bamboos, axes and stones was waiting for Sadhus to reach. They were stopped there, their car was overturned, and they were beaten up by the mob.

The Petitioner had also argued before the Court that some video clips related to same incident went viral on social media and after the public outrage regarding this unprecedented incident, the Chief Minister of Maharashtra made a statement that the said incident was a case of mistaken identity and thus declared the cause and intent much before the investigation.

The then Chief Minister of Maharashtra had made a statement on social media that there was no communal angle to the incident which had occurred at Gadchinchle, and that the said unfortunate incident had occurred due to rumours and misunderstanding amongst the public that thieves were active in the locality.

The Maharashtra Government had earlier transferred the investigation of the case to State CID and a Chargesheet was filed before the Court of JMFC Dahanu against 150 accused persons under Sections 302, 307, 120B, 353, 332, 427, 143, 144, 145, 147, 148, 149, 101, 117, 152, 188, 201, 269, 270, 290, 341, 342 and 34 of IPC.

Cause Title – Mrs. Pooja Nilesh Telgade v. The State of Maharashtra & Ors.