Govind Pansare murder: Bombay High Court says accused can seek speedy trial but have no other right to intervene in probe, trial

The Bombay High Court on Wednesday took an unfavourable view of the plea filed by accused in the Govind Pansare murder case against the High Court continuing to monitor the investigation and trial in the case..A division bench of Justices AS Gadkari and PD Naik said that while the accused can seek speedy trial, they cannot have any other say in the further probe or trial in the matter.“There is a difference between the rights of an accused when it comes to further investigation. We have not stayed the trial, the trial is ongoing. As far as further investigation is concerned, you have no say. After filing of chargesheet, you have been arraigned as an accused. Your right to ask for a speedy trial is different than right to have a say in further investigation of the case. As of today, nothing adverse has happened to you except that you are facing trial,” the Court said.The accused had approached the court opposing the monitoring of the investigation and trial by the High Court. They contended that the same was delaying the trial. The Court, however, was disinclined to hear the plea..Advocate Subhash Jha, appearing for the accused, said that they are facing difficulties since the trial has been stalled for more than 7 years because of the orders passed by the High Court while monitoring the case. “Orders passed by this court impacts our cases. Now these charges have been framed. But the trial was kept on hold because of High Court monitoring. We also must give effect to order of co-ordinate bench of August 3, 2022,” Jha said.However, the Court was not impressed.“You do not have legal right to be heard, at least at this stage. What we are monitoring is the further investigation, the investigation towards the two absconding accused,” the Court said.The plea was kept pending..The High Court had on August 3, transferred the investigation into Pansare's murder to the Maharashtra Anti-Terrorism Squad (ATS).The order came in the plea filed by Smita Pansare, daughter of deceased Pansare, who was shot down by some extremists on February 20, 2013.The family through advocate Abhay Nevagi had pointed out the snail pace at which the probe was moving in the case.The Court also called for progress reports of the investigation, the first of which was submitted today.The Court expressed its satisfaction at the steps taken by the ATS team on the further investigation more specifically to track the absconding accused..On a specific query by the Court on the further time required to complete the investigation, Senior Advocate Ashok Mundargi counsel for the investigation agency, pointed out that the process was ongoing and the agency will still require some more time. The Court directed the agency to submit its next report apprising them of the progress of the investigation in 4 weeks. The matter will be heard next on March 3, 2023.