SC junks plea for fresh probe into Mahatma Gandhi’s assassition

New Delhi, March 28: The Supreme Court on Wednesday rejected a plea seeking fresh investigation into the assassition of Mahatma Gandhi, saying it was not convinced there was any need. The bench of Justice S.A. Bobde and Justice L. geswara Rao dismissed the plea by Pankaj Kumudchandra Phadnis, who had sought re-investigation of the assassition on the basis of fresh material which, he said, was not available earlier and pointed to the involvement of an unseen hand in it.

The court said that the “crimil cases which result in conviction and even execution of death sentences and the demise of those who have served life sentences ought not to be reviewed, neither is there a provision in law for review”. Addressing the contention that the tion had a right to know the truth, it said: “.... such a right cannot be invoked where the truth is already well-known merely because some academic research raises a different perspective in law. “This would amount to reopening issues based on hearsay.” The court said that it was constrained to say this because thuram Godse was convicted on the basis of the evidence of eye-witnesses who were present at the prayer meeting.

Not accepting the fourth bullet theory, the court said that there were two exit wounds while one bullet did not exit the body. “Thus, only two spent bullet were found at the place of occurrence. No fourth spent bullet or empty cartridge was found at the place of occurrence.” The court also declined the plea for the review of Justice Kapoor Commission that had gone into the conspiracy dimension to assassite Gandhi where it had pointed to the involvement of Hindu rightwing leader V.D. Sarvarkar and his group in the murder of Mahatma.

The court pointed to the report of amicus curiae Amarendra Sharan that the finding of the Kapoor Commission was “unfair” as Sarvarkar or his representative never had the opportunity to present his side before it. Sharan, in his report, said that the finding on the alleged involvement of Sarvarkar and his group was rendered after Savarkar’s death and and no opportunity was given to Savarkar or any of his representatives. He had also told the court that the finding by the commission was “unfair since Savarkar had been acquitted at the trial”.

Holding that the submission by the petitioner that Savarkar has been held guilty for the murder of Gandhi is “misplaced”, the court said: “We are, however, not inclined to enter into the correctness or fairness of the findings in this report” as “That would be another exercise in futility and would none the less pan new fires of controversy.” (IANS)

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